Denmark
2. State duty to protect human rights
2.3. Actions taken – Protection of human rights through state regulation and policy [page 12]
To further support the protection of human rights, the Danish Government has ensured that individuals have access to a non-juridical remediation mechanism in cases where Danish companies have had adverse impact on human rights (GP 27). (See the specific section on the implementation of access to non-judicial remedy, section 4.4).
3. Corporate responsibility to respect human rights
3.3 Actions taken [page 18]
Expectations to companies and other stakeholders to respect human rights
The transparency framework for the major private and public companies is supported by the new non-judicial remediation mechanism where cases involving potential adverse impacts by Danish companies on international CSR principles, including adverse impacts on human rights, can be investigated (GP 4 and GP 27).
4. Access to remedy
Recommendations on non-judicial remedy [page 20]
The Council recommended that a Danish non-judicial mediation and grievance mechanism for responsible business conduct should be based on the OECD Guidelines on Responsible Business Conduct, which incorporate the UN’s recommendations on business and human rights. The mechanism should also be established in accordance with the UN and OECD criteria for non-judicial mediation and grievance mechanisms, including legitimacy, accessibility, transparency and predictability. Furthermore, the Council’s recommendations included the following unique features: – The institution should be established by Danish law – The institution should be able to take up cases on its own initiative – The institution should be able to handle cases involving not only private companies but also public authorities and private organisation, like NGO’s – The company which is subject to a complaint should be given a period of two months to solve the conflict with the complainant without the involvement of the national institution.
The recommendations on non-judicial remedy from the Council for CSR was for the most part implemented by the Danish Government (see section 4.4). The recommendations from the council on a Danish mediation and grievance mechanism can be found here: http://www.csrcouncil.dk/documents
Access to non-judicial remedy
In the second national action plan for CSR from March 2012, the Danish Government announced the establishment of a Mediation and Complaints-Handling Institution for Responsible Business Conduct.
The institution was established by Danish law, which was passed through parliament and approved on June 12, 2012. The Danish Government wanted to ensure that a non-judicial remedy has a maximum of legitimacy and authority. The purpose of the institution is to investigate cases involving potential adverse impacts by Danish companies on international CSR guidelines as described in the OECD Guidelines for Multinational Enterprises.
The mediation and complaints-handling institution is established in accordance with the international effectiveness criteria for non-judicial mediation and grievance mechanisms as described in the UNGPs and the OECD Guidelines for Multinational Enterprises (GP 31).
The institution will base its assessments on the OECD Guidelines for Multinational Enterprises, which incorporate the UN Guiding Principles on Business and Human Rights, including in particular the due diligence concept as described in the UN Guiding Principles, when looking at a complaint.
The institution focuses on mediation to solve complaints – both on company level and if that is not possible, assisted by the Mediation and Complaints-Handling Institution. If mediation is not possible, the institution can initiate an investigation of the matter and based on the result, make a public statement.
The institution can examine complaints involving not only Danish private companies but also public authorities and private organisation, like NGO’s. It can also take up cases on its own initiative, which will allow the institution to be proactive in cases of substantive importance. As a first step in the case handling procedure the institution gives the company two months to solve the conflict with the complainant without the involvement of the institution itself. If the company does not solve the matter on its own, the institution undertakes an initial assessment and based on the result the institution can offer mediation or investigation. The institution which has existed since November 1st 2012 is composed of five members – one chairman, one expert and three members appointed on the recommendation of the following organisations; Confederations of Danish Industries, the Danish Confederation of Trade Unions and the Danish 92 Group which is an association of 23 different Danish NGO’s. For more information on the member of the institution see: www.businessconduct.dk.
The institution is also working to promote the respect for the OECD Guidelines and the knowledge of the institution. So far the promotional activities have included among other:
– Homepage in Danish and English; www.businessconduct.dk;
– Survey among Danish companies on the knowledge of the institution and of the OECD Guidelines in order to be able to measure the progress in the coming years;
– Information leaflet in Danish, English, French and Spanish; the leaflet has been distributed through 112 Danish embassies for audiences abroad;
– Translation of the OECD Guidelines for Multinational Enterprises into Danish;
– Briefings, presentations and dialogue with interest groups, NGOs, etc. in order to raise awareness of the institution and the OECD guidelines for multinational enterprises and the UN Guiding Principles;
– Development of guidance on due diligence in the supply chain and company-based conflict resolution;
– Instruction for Danish Embassies encouraging them to raise awareness about the Danish National contact Point to local stakeholders.
For more information see: http://www.businessconduct.dk
Other examples of non-judicial institutions which contribute to remedy for victims of business-related human rights abuses, include Employment Tribunals, national Ombudsman, and Consumer tribunal. Furthermore, Denmark has mechanisms for dealing with cases of race, gender, disability, age, religious discrimination in employment or services, etc.
Appendix 2 – Overview of the implementation of the access to remedy
Access to remedy [page 34]
State-based non-judicial grievance mechanisms
States should provide effective and appropriate non-judicial grievance mechanisms, alongside judicial mechanisms, as part of a comprehensive State-based system for the remedy of business-related human rights abuse.
Status in Denmark (initiatives implemented before the UN ratification of the Guiding Principles)
Examples of non-judicial institutions which contribute to remediation for victims of business-related human rights abuses, include Employment Tribunals, national Ombudsman, and Consumer tribunal. Furthermore Denmark has mechanisms for dealing with cases of race, gender, disability, age, religious discrimination in employment or services, etc.
Initiatives taken or planned as a dedicated measure to implement the UNGPs
- Mediation and grievance mechanism for responsible business conduct. In June 2012 the Government approved a bill creating the Mediation and Grievance Mechanism for Responsible Business Conduct. This state-based non-judicial grievance mechanism can deal with cases involving potential adverse impacts by Danish companies on international CSR guidelines, including human rights impacts. The mediation and grievance mechanism comply with the UN Guiding Principles on Business and Human Rights and the OECD’s Guidelines on Multinational Enterprises.