Abstract
Firms' human rights due diligence (HRDD) and communication on their human rights impacts are not only elements in the Corporate Responsibility to Respect human rights (Pillar Two), but also to be promoted by States as part of their State Duty to Protect (Pillar One) through regulatory strategies aiming at shaping business conduct. Analysing the EU's 2014 Non-Financial Reporting Directive as an example of governmental regulation for promoting responsible business conduct, the article discusses conditions for HRDD and reporting as a communication process to stimulate organizational change in accordance with the UN Guiding Principles to avoid harm, including through affected-stakeholder engagement. Applying socio-legal regulatory theory along with organizational and accounting literature, the article finds that the Directive's predominant focus on ex-post measures appears to be a neglected opportunity to induce ex-ante organizational learning and changed business conduct to prevent adverse human rights impact. It offers recommendations for regulators and stakeholders for stronger regulation.
| Originalsprog | Engelsk |
|---|---|
| Tidsskrift | Business and Human Rights Journal |
| Vol/bind | 3 |
| Udgave nummer | 1 |
| Sider (fra-til) | 23-45 |
| ISSN | 2057-0198 |
| DOI | |
| Status | Udgivet - 1. jan. 2018 |
| Udgivet eksternt | Ja |
Bibliografisk note
Funding Information:* This article has benefitted from comments from three anonymous reviewers, the journal editors and participants at the international research conferences ‘To pursue or not to pursue CSR goals: legal risks and liabilities’ (6–7 October 2016, University of Copenhagen), and ‘Life-cycle based management and reporting’ (Oslo University, 29–30 November 2016) where previous versions were presented. The author is a member of the SMART research team, funded under the European Union’s Horizon 2020 Research and Innovation Programme under Grant Agreement No. 693642, project SMART (Sustainable Market Actors for Responsible Trade). The contents of this article are the sole responsibility of the author and do not necessarily reflect the views of the European Union. ** Professor, Dr. scient. adm. and PhD, Professor with special responsibilities for Business and Human Rights, Copenhagen Business School (CBS), Department of Management, Society and Communication, DK-2000 Frederiksberg; email: [email protected] BUHMANN Karin ** 16 11 2017 01 2018 3 1 23 45 Copyright © Cambridge University Press 2017 Cambridge University Press
Publisher Copyright:
Copyright © 2018 Cambridge University Press.
Finansiering
* This article has benefitted from comments from three anonymous reviewers, the journal editors and participants at the international research conferences ‘To pursue or not to pursue CSR goals: legal risks and liabilities’ (6–7 October 2016, University of Copenhagen), and ‘Life-cycle based management and reporting’ (Oslo University, 29–30 November 2016) where previous versions were presented. The author is a member of the SMART research team, funded under the European Union’s Horizon 2020 Research and Innovation Programme under Grant Agreement No. 693642, project SMART (Sustainable Market Actors for Responsible Trade). The contents of this article are the sole responsibility of the author and do not necessarily reflect the views of the European Union. ** Professor, Dr. scient. adm. and PhD, Professor with special responsibilities for Business and Human Rights, Copenhagen Business School (CBS), Department of Management, Society and Communication, DK-2000 Frederiksberg; email: [email protected] BUHMANN Karin ** 16 11 2017 01 2018 3 1 23 45 Copyright © Cambridge University Press 2017 Cambridge University Press