When talking about violations of human rights and socio-economic rights, these are usually violations in the supply chains of emerging or developing countries. Globally active corporations, which are mostly based in industrialized countries where legal violations of this magnitude do not normally occur, often lack the right incentives to improve working and human right conditions. Therefore, the corporate responsibility of international corporations is repeatedly questioned. More and more frequently, there have been calls for companies to be held responsible for violations of human rights and socio-economic rights in their supply chains, since they seem to benefit from these practices. Yet, companies do not need to fear legal consequences. Jernej Letnar Černič recognized this in his chapter "Corporate human rights obligations under socio-economic rights," where he illustrates how the legal situation is certainly advantageous for companies that record human rights violations in their supply chains. There are already several voluntary initiatives by companies, especially in the textile and cocoa industry, which are committed to promote better working conditions and certain standards. However, these initiatives are often only symptomatic and not causal, if at all. This does not lead to any substantial improvement. Companies that adhere to high standards of working conditions are often at a disadvantage and find it difficult to remain globally competitive. A reference to consumer behaviour would transfer responsibility to consumers, which is by no means unproblematic, and would not achieve long-term success due to the nature of human beings. There are already countries that have passed laws that sanction the violation of human rights and socio-economic rights, especially child labour. This imposes due diligence obligations on companies for their supply chains beyond the Tier 1 level—making it possible for those affected in emerging and developing countries to assert their rights if their regional structures are not sufficiently developed for this purpose. Černič suggests that companies review their supply chains on a regular basis. However, legal regulations should also be reviewed critically to ensure that human rights and socio-economic rights are protected throughout the entire supply chain process. This is a daunting task, one that can become a burden for the economic development of industrialized countries and smaller companies. Critics claim that it is the responsibility of the states. However, the question of responsibility, as Černič rightly recognized, is not entirely clear. What is clear, according to Černič, is that companies also have to do their part. Companies will not have to bear the responsibility alone, but they must share it. After all, the point of respecting human rights is to relinquish a little so that others can be better off.
PDFPDF