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Sustainability / ESG

Human Rights Due Diligence

Human rights due diligence is an ongoing process through which companies identify, prevent, mitigate and account for actual and potential adverse impacts of their operations on human rights.

Human rights due diligence (HRDD) is a risk-based management process through which companies discharge their responsibility to respect human rights. Its conceptual origin lies in the UN Guiding Principles on Business and Human Rights (UNGP), unanimously endorsed by the UN Human Rights Council in 2011, whose second pillar establishes the corporate responsibility to respect human rights. Unlike a one-off audit, due diligence is a continuous cycle that covers the company's entire operations, its products and services, and its business relationships along the value chain.

The process follows four core steps: first, identifying and assessing actual and potential adverse human rights impacts (risk analysis); second, integrating the findings into business processes and taking appropriate preventive and remedial measures; third, tracking the effectiveness of those measures; and fourth, transparently communicating how the identified impacts are being addressed. The benchmark is, at a minimum, the rights recognised in the International Bill of Human Rights and the ILO core labour standards. Particular importance attaches to prioritising risks by severity and likelihood and to engaging potentially affected stakeholders.

In Germany and the EU, human rights due diligence has shifted from a voluntary commitment to a legal obligation. Germany's Supply Chain Due Diligence Act (LkSG) has, since 2023, required in-scope companies to run a graduated due diligence process within their own operations and towards direct suppliers. At EU level, the Corporate Sustainability Due Diligence Directive (CSDDD/CS3D) extends the requirements across the entire chain of activities and links human rights with environmental due diligence. At the same time, the CSRD requires reporting on human rights due diligence processes via the ESRS social standards (S1 to S4), so that procedures and disclosure are closely intertwined.

Legal Basis

UN Guiding Principles on Business and Human Rights (UNGP) 2011; OECD Guidelines for Multinational Enterprises; German Supply Chain Due Diligence Act (LkSG); EU Directive (EU) 2024/1760 (CSDDD/CS3D); ESRS S1–S4 (Delegated Regulation (EU) 2023/2772)

Practical Example

A compliance officer at a mid-sized electronics manufacturer sets up the human rights due diligence process along the UN Guiding Principles. She begins with an abstract risk analysis across all sourcing countries and product groups, identifies the mining of conflict minerals as a high-risk area and conducts a deeper, event-driven analysis there. Based on the results, she anchors a policy statement, commits direct suppliers to a code of conduct, establishes a grievance mechanism for affected people and defines preventive and remedial measures. She reviews effectiveness annually and on an ad-hoc basis and documents the entire process in an audit-proof manner for LkSG reporting to BAFA and for the ESRS social disclosures.

FAQ

It originates from the UN Guiding Principles on Business and Human Rights (UNGP) of 2011, which establish the corporate responsibility to respect human rights. It is further specified by the OECD Guidelines. In Germany and the EU it has become legally binding through the LkSG and the CSDDD.
The process follows four core steps: identifying and assessing adverse impacts, integrating the findings and taking preventive and remedial measures, tracking effectiveness, and reporting transparently. Risks are prioritised by severity and likelihood, and affected stakeholders are engaged throughout.
Unlike a single supplier audit, human rights due diligence is a continuous, risk-based cycle. It is updated regularly and on an ad-hoc basis, covers the entire value chain and requires ongoing effectiveness monitoring of the measures taken.

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