The Swiss and European Legislations on Business Human Rights : Gaps, extra-territorial application and reform needed towards harmonization
Details
State: Public
Version: Final published version
License: Not specified
Serval ID
serval:BIB_03FE7FA57991
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
The Swiss and European Legislations on Business Human Rights : Gaps, extra-territorial application and reform needed towards harmonization
Journal
European Business Organization Law Review
Publication state
Published
Issued date
03/12/2024
Peer-reviewed
Oui
Volume
25
Number
4
Pages
809-841
Language
english
Abstract
This article examines the disparities between the (existing and planned) business and human rights (BHR) legislations in Switzerland and the European Union (EU). More specifically, (i) the key differences that exist between the Swiss and EU BHR legislations are identified, and (ii) the proposed amendments to the Swiss BHR legislation to reach the desired harmonization with the EU framework are put forward. The Swiss BHR legislation, implemented in stages on 1 January 2021 and 1 January 2023, encompasses provisions related to ‘transparency on non-financial matters’, ‘transparency in raw material companies’, and ‘due diligence and transparency in relation to minerals and metals from conflict-affected areas and child labor’. The EU BHR legal framework, however, has undergone a major overhaul, with the recent adoption of the Corporate Sustainability Reporting Directive (CSRD) and the Directive
on Corporate Sustainability Due Diligence (CSDDD) that introduce additional obligations. These EU regulations have (or will have) important extraterritorial effects, including on Swiss undertakings operating—directly or indirectly—in the EU. To prevent Swiss companies from being subject to a diverse array of regulations (with an increased risk of sanctions in case of non-compliance), a reform of the Swiss BHR legislation is needed to ensure harmonization with EU BHR legislation. This article also serves as a resource if full equivalence between them is sought.
on Corporate Sustainability Due Diligence (CSDDD) that introduce additional obligations. These EU regulations have (or will have) important extraterritorial effects, including on Swiss undertakings operating—directly or indirectly—in the EU. To prevent Swiss companies from being subject to a diverse array of regulations (with an increased risk of sanctions in case of non-compliance), a reform of the Swiss BHR legislation is needed to ensure harmonization with EU BHR legislation. This article also serves as a resource if full equivalence between them is sought.
Open Access
Yes
Create date
16/10/2023 10:17
Last modification date
06/12/2024 8:08