The UN Committee on Economic, Social and Cultural Rights (CESCR) has recently made recommendations to both Spain and New Zealand pertaining to their ETOs.
The Committee expressed concern that Spanish legislation does not define the legal responsibility which corporations domiciled under their jurisdiction may have for human rights abuses they commit abroad. The Committee therefore recommends Spain to strengthen its normative framework as to ensure the legal responsibility of corporations for human rights abuses they directly commit abroad, or which result from the activities of their subsidiaries. Spain should also guarantee mechanisms to investigate claims against corporations and guarantee access to effective remedies, reparation and compensation for the harm occurred.
The CESCR made similar recommendations to New Zealand, which should “strengthen the regulatory framework, including concerning legal liability, for companies operating in the State party, and those domiciled under its jurisdiction acting abroad, to ensure that their activities do not negatively affect the enjoyment of economic, social and cultural rights, and that victims can claim reparations through the State party’s judicial and non-judicial mechanisms”.