A step in the right direction, or more of the same? A systematic review of the impact of human rights due diligence legislation

Abstract

Recently, there has been a strong push for binding human rights due diligence (HRDD) legislation, both at the national and European levels. As empirical evidence of such legislation's impact gradually emerges, it is time to take stock. In this article, we conduct a systematic literature review to assess available empirical evidence on (1) how HRDD legislation affects the policies and practices through which companies engage with human rights; (2) how these policies and practices, in turn, affect different actors in companies’ value chains. While it is too early to make conclusive judgements, existing evidence allows us to identify several worrying trends: most companies opt for managerialist and compliance-oriented approaches to HRDD; revert primarily to earlier (and flawed) private governance mechanisms; and try to cascade responsibilities and costs in their supply chain. This risks perpetuating or reinforcing marginalisation and exclusion dynamics. Based on these findings, we formulate some lessons for policy-makers.