How can the German Act on Corporate Due Diligence Obligations in Supply Chains provide an effective answer to human rights violations experienced by workers?
Year: 2025
Type: dissertation
Abstract: In 2013, the collapse of the Rana Plaza building in Bangladesh caused a massive uprise in discussions about mandatory human rights due diligence obligations and brands’ and retailers’ responsibility within supply chains of apparel production. Against this background, the German Act on Corporate Due Diligence Obligations in Supply Chains (LkSG) constitutes the German legislator’s attempt to establish a mandatory legal framework to prevent and mitigate human rights violations as well as to provide an answer to imminent and existing violations. This research scrutinized how the LkSG can provide an effective answer to human rights violations experienced by workers analyzing the case of the ready-made garment industry in Bangladesh. This choice of focus opened a perspective on a highly globalized and modularized industry where past attempts to improve workers’ rights brought very limited structural change. Bangladesh’s ready-made garment industry is defined by market despotism and a state captive to the interest of business. Furthermore, the brands’ and retailers’ purchasing practices heavily shape the industry. This research revealed that safeguarding fundamental human rights anchored in the LkSG is key to meet the workers’ needs. The strengths and weaknesses of the complaints mechanisms anchored in the legislation were investigated, revealing that they overall fall short of their potential to safeguard human rights. Additionally, the research assessed prevailing power asymmetries and approaches to counteract them, for instance mandatory collective bargaining, responsible purchasing practices and exit strategies. Finally, potentials for workers and their representatives to effectively apply the LkSG were emphasized, including capacity building, knowledge transfer, interpretation and legal struggles. In this regard, the importance of international solidarity for rightsholders’ improvements became apparent. Room for maneuver and possibilities to make further progress exist since the development of mandatory human rights due diligence is in a state of flux with the European Corporate Sustainability Due Diligence Directive to be implemented gradually into national legislation and first measures due by 2027.
Source: OPUS HWR Berlin
DOI: 10.4393/opushwr-4481
Author: Walten, Mischka Katharina
Language: English
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6948114738
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