In the course of our case work in the area of business and human rights we are repeatedly confronted with the limits of the existing law. This is particularly true for cases in which victims of corporate human rights abuses seek to hold European parent companies accountable – the existing legal instruments simply fail to offer effective protection. For example, it remains unclear, what due diligence obligations apply to parent companies in relation to human rights violations committed by their subsidiaries. Various procedural problems arise also.
We detailed the experiences gained from our case work in two reports. Furthermore, we developed recommendations on how existing laws in Germany and the EU could be improved to bring Germany and the EU into compliance with their formal obligations to protect human rights including in cases of rights violations by corporations.
We also compiled a study on ECCHR’s experiences with parallel OECD complaint procedures in four EU countries in which we offer some concrete suggestions for improving the OECD complaint mechanism.