PAPER Recommendations for human rights scope in the CSDDD
November 9th, 2023
by The European Coalition for Corporate Justice, Amnesty International, Anti-Slavery International, Clean Clothes Campaign, European Center for Constitutional and Human Rights and International Federation for Human Rights (FIDH)

The joint document provides material scope (human rights) recommendations ahead of trilogue discussions on the Corporate Sustainability Due Diligence Directive (CSDDD). The recommendations pertain to Article 3(c) – the definition of adverse human rights impact – and Annex I, Part I (Sections 1 and 2).

Summary recommendations

  1. Include a strong definition of adverse human rights impact:
    a. Remove Council conditions: Delete the conditions added by the Council to the definition of adverse human rights impact in Article 3c.
    b. Removing ‘violation’: Adverse human rights impact under Article 3c should be defined as ‘any action which removes or reduces the ability of an individual or group to enjoy the rights or to be protected by prohibitions’ as in the Parliament position, rather than as a violation of the rights listed in Annex I.
  2. Include a broad human rights scope in Annex I Part 1 Section 1 & 2:
    a. Retain a broad list of human rights in Annex I Part 1 Section 1: Retain the longer list of human rights included in Annex I Part I as in the European Parliament’s position.
    b. Include core treaties in Annex I Part 1 Section 2: Ensure, at the minimum, the inclusion of the International Bill of Human Rights, core international human rights treaties and fundamental ILO conventions.
    c. Include international humanitarian law in Annex I Part 1 Section 2: Ensure International humanitarian law is included.
    d. Include other international human rights treaties: Ensure other relevant human rights treaties are included.
    e. Include relevant non-binding international instruments: Ensure other relevant human rights instruments are included.
  3. Require regular updates of Annex I Part I Section 2: Ensure a clause requiring regular updates of the annex is included.