THE PROTECTION OF WORKER'S HUMAN RIGHTS AND THE ROLE OF DUE DILIGENCE IN GLOBAL SUPPLY CHAINS

Resumo

This article discusses the growing issue of labor rights within global supply chains, with a focus on the importance of due diligence in ensuring decent work standards. Global supply chains, often complex and obscured by various economic and contractual layers, frequently result in poor working conditions, low wages, and human rights abuses, especially for vulnerable workers in developing countries. The article emphasizes that corporate due diligence can be a key tool in addressing these challenges, preventing violations, and promoting better labor conditions. The objective of this study is to analyze how due diligence frameworks can be integrated into business practices to improve labor rights. While voluntary Corporate Social Responsibility (CSR) initiatives have gained popularity, they often lack enforceability, which leaves workers unprotected. The article argues for a dual approach that combines both voluntary and mandatory compliance mechanisms to ensure accountability and effective protection for workers across supply chains. The research utilizes a qualitative methodology, examining historical case studies and international frameworks designed to improve labor rights in supply chains. Notable cases like the Rana Plaza disaster in Bangladesh and the Brazil Verde Farm case illustrate the devastating effects of failing to implement labor protections. These cases highlight the need for robust due diligence and human rights protections within global supply chains. The article reviews international guidelines such as the UN Guiding Principles on Business and Human Rights, OECD Guidelines for Multinational Enterprises, and ILO standards on decent work, evaluating their effectiveness in ensuring compliance. The study finds gaps in existing voluntary compliance mechanisms, often leaving labor abuses unaddressed. As a solution, the article advocates for mandatory due diligence legislation, citing Germany's Supply Chain Act as a positive example of proactive legislation that can set global standards for responsible business conduct. Additionally, the research highlights the role of trade unions and collective bargaining in advocating for workers' rights. These social partners are crucial for ensuring that due diligence measures lead to tangible improvements in working conditions, and that workers have a voice in shaping their employment terms. In conclusion, the article stresses the need for a comprehensive approach to addressing labor rights violations in global supply chains. This includes strong legal frameworks, the active participation of trade unions, and effective due diligence practices. By addressing these multifaceted issues, companies can ensure decent work standards are met throughout their supply chains, contributing to a fairer and more ethical global economy.