Human rights universality has been questioned due to the lack of accountability in both international human rights law and States’ domestic laws when companies violate human rights. In response, the European Commission has proposed a Directive on Corporate Sustainability Due Diligence (CS3D), which imposes obligations on companies to identify, prevent, mitigate, and account for human rights impacts. The aim of this study is to examine whether the credibility of human rights universality, as defined by Jack Donnelly, is strengthened by the implications of the CS3D. The study also analyzes the International Covenant on Civil and Political Rights (ICCPR), which the CS3D refers to when defining human rights impacts, and explores the legal implications of this on Swedish domestic law and international human rights law. This study uses a legal dogmatic and legal analysis method to interpret the implications of the CS3D. Throughout the study, a fictional Swedish company and its subsidiary in China are used as examples to illustrate the legal and international implications of the CS3D. The results of this study suggest that the implications of the CS3D contribute to strengthening the credibility of human rights universality, as it addresses the legal gap of accountability in both international human rights law and domestic laws of EU Member States. However, the CS3D could also be perceived as coercive on third States and their natural and legal persons, which may potentially undermine the credibility of human rights universality in the future.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:uu-503223 |
| Date | January 2023 |
| Creators | Larsson, Kim |
| Publisher | Uppsala universitet, Teologiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | English |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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