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Article

1 Dec 2011

Author:
Miriam Saage-Maaß of European Center for Constitutional and Human Rights, Friedrich-Ebert-Stiftung

[PDF] Labour Conditions in the Global Supply Chain - What Is the Extent and Implications of German Corporate Responsibility?

Workers from outside the EU can proceed in German courts against German parent companies for human rights violations. There is, however, no precedent yet of compensation being awarded by a German court for overseas human rights violations. Therefore many issues remain unclear. While many human rights violations give rise to actionable claims under tort law (for example, violations of the rights to life, health, freedom of movement, and protection from discrimination) it remains unclear whether the freedom of association and protection from excessive overtime are also covered as legally protected interests under the law of tort. Principles of a corporate duty of care are already enshrined in German law. These could be further developed to correspond with the UN Framework and UN Guiding Principles on business and human rights. By doing this, Germany could develop clear standards of responsibilities of the parent company for human rights abuses in supplier and subsidiary firms.