Report explores options for mandatory human rights due diligence in Belgium
This report provides a series of options to pursue mandatory human rights due diligence legislation in Belgium, based on an analysis of similar initiatives in surrounding countries (chapter 1) and an analysis of possible ‘anchors’ in current Belgian law (chapter 2)...
Both chapters provide a series of options which can be considered and be combined in different ways...
The second chapter further explores some possible entry points already existing in Belgian law and focuses on the current state of play in Belgium with a focus on initiatives in relation to “due diligence” Belgian National Contact Point and 2017 Belgian National Action Plan [...], corporations law, general contract law, health, safety and regulatory law, employment law and private international law and public international law...
Belgian law is no obstacle to SCDD [supply chain due diligence]. Neither however is it much of an accelerator. Belgian law has not thought about SCDD in a systematic manner. Many anchors in Belgian law could ground SCDD relevant court proceedings however few have done so...
Given the many SCDD relevant provisions in Belgian law, and their wide spread across various Statutes, it would seem preferable for Belgium to adopt a tailor-made SCDD Statute which even while referring to the various existing articles, would not attempt at amending these directly. Rather, it would insert an overarching Statute that would indirectly amend the many relevant provisions...