From rights to reality: Ensuring a rights-holder-centred application of the French Duty of Vigilance law

From rights to reality: Ensuring a rights-holder-centred application of the French Duty of Vigilance law

The introduction of mandatory human rights due diligence legislation is an important step forward, representing a long-awaited shift away from the prevailing voluntary “corporate social responsibility” approach towards “hard law” obligations regulating corporate respect for human rights and the environment.

This report focuses on a case brought before French civil courts by members of the Unión Hidalgo community in Mexico against the energy company Electricité de France (EDF). The case alleges that EDF, a company partly owned by the French state, violated its vigilance obligation by failing to adequately identify and prevent the risk of human rights violations resulting from the development of a wind farm on Indigenous land.

The objective of this report is to provide reflections from the Unión Hidalgo case, offering recommendations to help shape the future con – tent, interpretation and ultimately meaningful enforcement of man – datory human rights due diligence laws. In France, this role will be played by courts and judges adjudicating on cases filed under the LdV.

ProDESC, ECCHR and CCFD-Terre Solidaire