Labour conditions in the global supply chain

Study for the Friedrich-Ebert-Foundation, December 2011

By Dr. Miriam Saage-Maaß

Miriam Saage-Maaß, Program Director for Business and Human Rights at ECCHR, has developed a study for the Friedrich-Ebert-Foundation which investigates the extent to which corporations are legally responsible for working conditions in overseas supplier firms and subsidiaries. The study focuses on compensation claims under civil law which can be pursued before German courts.
 
Miriam Saage-Maaß reaches the conclusion that workers whose labor and human rights are violated overseas can in principle proceed against German corporations before German courts. However, given the total absence of precedent cases within the German-speaking world, there remain many questions regarding potential compensations claims against corporations for human rights violations. Although human rights abuses are covered by compensation norms – take for example, the right to life, health, freedom of movement and protection from discrimination – it is not yet clear whether the freedom of unionization or protection from excessive overtime  are also legally protected rights under tort law. Due diligence for corporations under German law could be further developed by bringing it in line with the stipulations in the UN frameworks and UN guiding principles for business and human rights. By developing corporate due diligence, Germany could clarify standards on corporate responsibility in cases of human rights abuses in overseas subsidiaries and supplier firms and in so doing, could provide effective legal remedies in accordance with the UN guiding principles.

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