From the magazine SZW-RSDA 6/2019 | S. 667-675 The following page is 667

Entreprises et droits humains – La directive européenne sur la publication d’informations non financières, un modèle à suivre en droit suisse?

Since 2014, a European Union directive requires large companies to publish non-financial information relating to human rights and other issues such as social and environmental challenges. Taking up a proposal from the Federal Council, the Council of States has just adopted a counter proposal to the «Responsible Business ­Initiative» with similar content to this directive.

We question the effectiveness of the European directive in encouraging companies to prevent human rights violations. We believe that the publication of non-financial information should not be an objective in itself but a part of the due diligence process of companies and that it should focus on risks to human rights, not to the company. The more flexible the regulatory framework, the greater the risk of greenwashing, especially when the information in the non-financial report is not verified by an independent third party.

For these reasons, the Council of States’ counter-­proposal is not an option in our view. On…