FAQ on human rights impact assessment and legal advisory work
How can human rights impacts assessment (HRIA) assist businesses to meet the requirements of emerging governance and regulatory initiatives? How is HRIA relevant in the context of corporate transactions such asmergers and acquisitions("M&A")? What types of legal strategies can be used to contribute to the effective implementation of HRIA mitigation measures?
In business context, HRIA can be defined as a process for identifying, understanding, assessing and addressing the adverse effects of a business project or activities on the human rights enjoyment of impacted rights-holders such as workers and community members.
DLA Piper and the Danish Institute for Human Rights have collaborated to address some of the frequently asked questions about the intersection between human rights impact assessment and legal advisory work in a .
“Impact assessment practitioners and in-house lawyers usually deal with different aspects of compliance and business respect for human rights, as such there is a need for greater collaboration between these disciplines to ensure effective human rights due diligence,” says Nora Götzmann, Senior Adviser, Human Rights and Development at the Danish Institute for Human Rights.
Practical advice and insights
As part of their responsibility to respect human rights, outlined in the United Nations Guiding Principles on Business and Human Rights, business enterprises are expected to assess and address their adverse human rights impacts on external stakeholders, including workers and local communities.
The Danish Institute for Human Rights is developing a number of tools and resources on human rights and impact assessment in the business and human rights context. Find further information on our projects and publications
However, how such impact assessment processes relate to legal advisory work and vice versa remains a topic of frequent discussion as the business and human rights field evolves.
The FAQ note works through several common questions that HRIA practitioners and lawyers may have regarding HRIA, providing practical advice and insights into how such questions may be answered.
The note is intended to serve as a resource for business lawyers, in house legal counsel and HRIA practitioners, and intends to contribute to a discussion on this developing area of practice.