Browsing by Subject "Due diligence"

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    Reflections on due diligence as a guarantee of access to justice in femicide cases in Colombia (Law 1761 of 2015)
    (Universidad de Murcia: Servicio de Publicaciones, 2026) Navarro Díaz, Luis Ricardo; Barrios Márceles, Diana Luz; Márquez Padilla, Dora; Martínez Coronado, Silvanna; Sin departamento asociado
    This article highlights the international responsibility of the Colombian State for failing to fulfill its duty of due diligence in preventing, addressing, and sanctioning violence against women as a guarantee of access to justice in cases related to the crime of femicide in Colombia under Law 1761 of 2015. The study grounds its theoretical framework in the paradigm of critical legal theory and feminist theory. Through a qualitative design, the research identifies how the State violates women's human rightsby failing to comply with international law. The contribution to knowledge focuses on the consolidation of effective affirmative measures proposed by women as a strategy for the formal realization of due diligence in the lives of women in Colombia.
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    The Proposed European Union Corporate Sustainability Due Diligence Directive : making or breaking European Human Rights Law?
    (Universidad de Murcia, Servicio de Publicaciones., 2023) Methven O’Brien, Claire; Christoffersen, Jonas
    The Proposal for a Directive on Corporate Sustainability Due Diligence (EU) 2019/1937, COM/2022/71 final, 23 February 2022, ‘CSDDD’)if enacted, would extend responsibilities, liability and exposure to administrative penalties to large economic actors for failure to comply withhuman rights and environmental obligations. The main purpose of this proposal is to establish a binding set of legal norms to increase access to legal enforcement by linking a breach of the due diligence obligation to public sanctions (Article 20) and civil liability. However, as we analyse in this article, the proposal would significantly limit the scope and content of companies' due diligence as compared to the process foreseen by the UN Guiding Principles on Business and Human Rights to which it seeks to give greater effect, while limiting the rights to be protected, and the class of companies obliged to exercise due diligence. At the same time,as we explain,the proposed Directive may jeopardize the integrity of European human rights law as articulated by the judicial and other organs of the Council of Europe, and at the national level.