Germany

I. Introduction [page 3]

The legal system of the Federal Republic of Germany contains numerous instruments that are focused primarily on the protection of human rights. They are binding on all enterprises. Where the business operations of an enterprise have an international dimension, procedures for identifying any actual or potential adverse impact on the human rights of people affected by its business activity should be developed and implemented.

Objectives of the National Action Plan [page 4]

The Federal Government attaches great importance to worldwide protection and promotion of human rights. The European Commission, in its Communication of 2011 entitled “A renewed EU strategy 2011-14 for Corporate Social Responsibility”, called on all EU Member States to develop their own national action plans for the implementation of the UN Guiding Principles. The Federal Government, in the coalition agreement of 2013, committed itself to implementing the UN Guiding Principles in Germany. Through the present National Action Plan for Business and Human Rights (NAP), it wishes to contribute to improving the human rights situation worldwide and to giving globalisation a social dimension in accordance with the 2030 Agenda for Sustainable Development.

1.The State Duty to Protect [page 14]

The Federal Government takes particular account of the protection of human rights in the business context in the following circumstances:

(1) when it formulates basic rules governing its own economic policy,

(2) when it contracts with business entreprises,

(3) when it supports enterprises or accords them preferential treatment, and

(4) when enterprises are in state ownership.

1.1 Basic rule of economic policy

The Basic Law as well as the international and regional human rights conventions require the legislature, the administration and the judicature in Germany to respect, protect and guarantee human and fundamental rights. Accordingly, the statutory standard of human rights protection is very high, and this also applies in the realms of labour, social, commercial, company and civil law, which are of relevance in the present context. Germany has ratified most international human rights instruments without reservation and possesses, moreover, an independent national institution dedicated to human rights, the German Institute for Human Rights (DIMR). Among the core tasks of the DIMR are policy consultancy, research, the dissemination of information on human rights issues, education on human rights, and dialogue and cooperation with national and international organisations.