Menschenrechtsschutz durch Deliktsrecht

The social and environmental conditions governing many business supply chains throughout the world are so dire that they frequently constitute violations of human rights. In this study, Marie von Falkenhausen examines whether German tort law allows victims to claim damages from German companies whose suppliers abuse human rights. The first step is to establish whether the legislation recognises any duties of care to avert human rights risks in the supply chain. The second prerequisite for liability is that the relevant human rights are covered by the law's scope of protection. The author also explores opportunities for legal development in Germany and the possible impetus from recent UK rulings on the issue.