NOVA BHRE Newsletter

MARCH 2025

The NOVA BHRE is delighted to take part in the VIth edition of the Business and Human Rights Summer School which will be taking place in Pisa, at the Scuola Superiore Sant'Anna on June 23-27.

The programme includes the keynote speech of Anita Ramasastry and speakers of the caliber of Heidi Hautala, Michael Addo, Surya Deva, Josephine van Zeben, Marc-Philippe Weller and Rob White, among many others.

Claire Bright will deliver a session, together with Angelica Bonfanti on the role of human rights and environmental due diligence-aligned contracts in protecting Human Rights through the value chain, and Céline da Graça Pires will deliver a session, with Elisa Dencheva, on stakeholder engagement in due diligence processes.

Enrol here by April 23 to enjoy the early-bird discount. Final deadline is May 31.

The programme can be seen below:

Concept Note – Workshop for Policymakers

Date & Venue: the 28^th of May 2025, NOVA School of Law.

Background:

The concept of human rights and environmental due diligence (HREDD) – originally set out in international standards – has become the cornerstone to promote responsible and sustainable business conduct that upholds respect for human rights, decent work and environmental standards throughout global value chains. HREDD constitutes the means through which companies can fulfil their responsibility to respect human rights and the environment in practice. Concretely, it requires companies to put in place a process allowing them to become aware of the adverse human rights impacts that they can be involved in, and to address such impacts.

Legislative developments crystalizing HREDD expectations into legally binding obligations for companies have taken place in various countries such as France, Germany and Norway. Other countries such as Brazil, Canada, Colombia, Mexico, South Korea, and Thailand, amongst others, are also considering adopting mandatory HREDD laws.At the European level, the Corporate Sustainability Due Diligence Directive (CSDDD) adopted on 13th of June 2024 marks a pivotal moment in the harmonisation of HREDD standards across the continent. It requires in-scope companies to put in place HREDD processes and is part of a broader pallet of emerging European legislation that EU Member States are also transposing and implementing on corporate sustainability. Its transposition into national law, however, remains a complex and evolving process, with uncertainties arising from the European Commission’s Omnibus Proposal released on 26th February 2025, which seeks to introduce revisions to the CSDDD. Against this backdrop, policymakers face uncertainty on how HREDD laws can be designed and implemented in an effective way at the national level, in the process of transposing the CSDDD and in line with international standards.

This research project aims to provide a platform for policymakers to gain clarity on the latest developments, explore future regulatory scenarios, and discuss immediate actions necessary for effective transposition of the CSDDD. It will culminate in a workshop for policymakers in which, through expert-led discussions and interactive sessions, participants will engage with legal scholars, practitioners, policymakers, businesses, civil society and industry representatives to navigate the challenges and opportunities ahead.

Objectives:

• To analyze the key elements of the CSDDD and the implications of the Omnibus Proposal.
• To explore different scenarios in relation to the transposition approaches
• To examine the lessons learnt from the comparative experiences of the Member States who have already adopted legislative frameworks on mandatory HREDD.
• To understand how to best promote the adequate implementation of HREDD by companies in their respective countries?
• To provide actionable guidance for policymakers on immediate next steps.

Key Themes and Discussion Points:

1. Understanding the CSDDD and the Omnibus Proposal

• Overview of the CSDDD: Scope, obligations, and enforcement mechanisms
• The impact of the Omnibus Proposal: Potential changes and legal uncertainties

       2. Transposition Challenges and Best Practices

• Approaches taken by different EU Member States
• Lessons learns from Member States who have already adopted legislative frameworks on mandatory HREDD.
• Implementation challenges for businesses and regulators

       3. Accompanying Measures

• How can national policymakers support companies in complying with HREDD expectations?
• What concrete implementation strategies and accompanying measures can be put in place?

      4. Practical Guidance for Policymakers

• Immediate steps to align national laws with the CSDDD
• Engaging with businesses, civil society, and other stakeholders
• Balancing legal certainty with flexibility for different industries

Publication of the UN Global Compact France's Guide “Business and Affected Communities” – authored by Celine da Graça Pires

In response to the growing challenges of corporate impacts on communities’ rights, UN Global Compact France is introducing an essential new resource: “Business and Affected Communities: Applying a Human Rights Lens to Community Engagement for Addressing Risks Effectively.”

This guide is the result of nearly two years of work, including:

The launch of a dedicated Taskforce in May 2023, which brought together large and medium-sized companies from various sectors.

Over 50 interviews with community representatives, Indigenous Peoples, NGOs, businesses, and experts.

A field mission in Chile to engage directly with communities and community liaison officers.

Authored by our Research Associate Céline da Graça Pires, the guide aims at providing answers to key questions: How can businesses engage constructively with affected communities? How can they prevent, mitigate, and remedy their negative impacts? What challenges do both businesses and communities face? What practical actions should be implemented? What mistakes should be avoided? How can companies maximize positive impacts while respecting communities' needs and aspirations?

This guide draws on real-life experiences from communities, Indigenous and tribal peoples, and businesses to improve existing practices and offer actionable recommendations.

The guide was launched in an event organized by the UN Global Compact France on the 25th of March 2025.

Last month, Claire Bright was awarded the Excellence and Social Impact Award [Prémio Excelência e Impacto Social] by NOVA School of Law for the impact of our publications in the last 3 years.

Blog Posts:

D. Schönfelder, C. Graça Pires "Mandatory human rights and environmental due diligence in practice: key insights from France and Germany" , 7 March 2025.

M. Cherviakov, "Ethical Choices In Business: How Digital Currencies Can Support Or Threaten Human Rights?", 17 March 2025.

On March 18, 2025, the NOVA BHRE paticipated in the online seminar organised by the Belgian Taskforce on Sustainable Finance gathering representative of various Belgian Ministries to discuss the European Commission's Omnibus Proposal.

In her presentation, Claire Bright highlighted that, rather than being an administrative burden for companies, human rights and environmental due diligence, when adequately carried out, is actually a crucial tool for companies to protect themselves from reputational risks, to align with the growing expectations from consumers, investors, and civil society, to avoid social conflicts and to diminish their risks of liability.

She also underlined that, unlike the Omnibus proposal which is based on very little research and consultation, the text of the Corporate Sustainability Due Diligence Directive, as adopted on the 13^th of June 2024, is the result of extensive studies and consultations having led to a balanced compromise which, overall, is very much aligned with international standards such as the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct which are, the global norms of reference in the field. The Omnibus Proposal very much departs from these standards, creates legal uncertainty for both companies and policymakers and fails to provide the level-playing field.

On March 24, 2025, the NOVA BHRE Centre released a new podcast episode in which Heidi Hautala (Former Vice-President of the European Parliament) and Richard Gardiner (Strategic Public Policy Lead at the World Benchmarking Alliance), in conversation with Claire Bright (Founder and Director of the NOVA BHRE), shared their perspectives on the European Commission’s Omnibus Proposal released on the 26th of February 2025.

They warn against the lack of transparency, consultation and academic research throughout the process leading to the Omnibus Proposal and its misalignment with international standards such as the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Responsible Business Conduct, which form the global norms of reference in the field.

The episode was coordinated by two of our Master students and Research Associates of the NOVA BHRE, Luís Prata Castro and Ana Santos Duarte.

As our Centre grows and its activities expand, so do our resource needs. 

Everyone involved in the NOVA BHRE is deeply committed to the mission of driving more responsible and sustainable business practices which uphold human rights, decent work and environmental standards throughout global value chains, and is driven by passion and a sense of purpose.

However, in order to maintain this level of engagement, we require support. We warmly invite new partners to join our current and previous sponsors, which include PLMJ, the Portuguese Chamber of Commerce and Industry, the Canadian Embassy in Portugal, Instituto Marquês de Valle Flôr, FCT, and CEDIS in supporting some of the activities of the NOVA BHRE.

Any donation of any amount is welcome and greatly appreciated!

For more information our donations, please contact us at: novabhre@novalaw.unl.pt

Many thanks!

The NOVA BHRE Team