_human rights and environmental protection: what risks does the law define?

The law defines specific fields of action. The concept of risk differs concerning human rights and environmental law prohibitions.

Human rights risks § 2 II LkSG

Risk is an imminent violation of one of the following prohibitions:

1. labor protection

• No. 1: Prohibition of child labour and the minimum permissible age according to the applicable law of the country of employment,
• No. 2 lit a-d: prohibition of the worst forms of child labour;
• No. 3: Prohibition of the employment of persons in forced labour.
• No. 4: prohibition of all forms of slavery
• No. 5 Lit a-d: Prohibition of disregard for the protection of the health and safety at work
• No. 6 Lit a-c: Prohibition of freedom of association
• No. 7: Prohibition of unequal treatment in employment relationships
• No. 8: Prohibition of the withholding of a fair wage

2. protection of livelihoods

• No. 9 lit. a-d: Prohibition of soil, air and water contamination or excessive water consumption.
• No. 10: Prohibition of unlawful eviction and unlawful taking of land, forests and waters ("land grabbing").

3. protection against the use of security forces

• No. 11 lit a-c: Prohibition of the commission or use of security forces which, in the absence of instruction or control, violate the prohibition of torture, inflict injury to life or limb, or interfere with freedom of association and freedom of association

4. catch-all provision

• No. 12: Prohibition of an act or omission in breach of duty going beyond Nos. 1-11, which is directly capable of impairing a protected legal position in a solemn manner and the unlawfulness of which is evident on a reasonable assessment of all the circumstances in question.

The catch-all provision should be interpreted narrowly to avoid a disproportionate extension of the duty of care to the company's detriment.

Environmental risks § 2 III LkSG

Risk is a condition where, based on factual circumstances, there is a reasonable probability of violating one of the following prohibitions.

Ban on mercury

• No. 1 - 3: Prohibition of the manufacture of mercury-added products, the prohibition of the use of mercury (compounds) in manufacturing processes, and the prohibition of mercury waste treatment.

Prohibition of certain chemicals

• No. 4 and 5: Prohibition of production and use of certain chemicals, as well as the prohibition of non-environmental handling, collection, storage and disposal of waste.

Prohibition of trade particular wastes

• No. 6 - 8: Prohibitions against the export and import of hazardous wastes under the Basel Convention.

What are the legal consequences of violating the prohibitions?