An article in the Law Society Gazette on 6 April was concerned with discussing the February report from the British Institute of International and Comparative Law – A UK Failure to Prevent Mechanism for Corporate Human Rights Harms – describing its vision of the Institute for how the “failure to prevent” model could operate to punish companies deemed responsible for human rights abuses in their supply chain. The report claims that this would provide legal certainty regarding the human rights obligations that companies face, and encourage them to take steps to guard against abuses in their supply chain. The article discusses practical issues, such as human rights abuses being defined differently by different countries. The article proposes, as an alternative, modelling any new legislation on section 54 of the Modern Slavery Act 2015, as opposed to section 7 of the Bribery Act, with an independent human rights commissioner to oversee enforcement.
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