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Czech NAP for Business and Human Rights

Czech NAP for Business and Human Rights

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Czech NAP for Business and Human Rights

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  1. Czech NAP for Business and Human Rights Alla Tymofeyeva 26 September 2018 BUSINESS AND HUMAN RIGHTS: IMPLEMENTING UNGPS IN UKRAINE

  2. Criminal liability of legal persons • Due diligence of companies • Accessibility of the courts Content

  3. corporate criminal liability since 2012, amendments - 2016 • prosecution also for the crimes committed abroad • the most serious human rights violations • reference to the case-law of the ECtHR • evaluation ofthe impacts and practical application of the amendments 1.Criminal liability of legal persons

  4. definition of the DD • criteria of an effective DD • internal v. external DD • activities of external entities • publication of the results • public engagement • the Government “recommends” 2.Due diligence of companies

  5. access to courts and Article 6 of the ECHR (fair trial) – judgments against Ukraine and the CR • reducing the average length of proceedings - Vokurka v. the Czech Republic (40552/02) • main problems: overloading of courts, high costs and formalisation of the proceedings • modernisation of the judiciary + increase of the number of highly skilled specialists 3.Accessibilityof the courts

  6. Criminal liability of legal persons – subject to future evaluation • Due diligence of companies – soft form and vague guidelines • Accessibility of the courts – good example, but there is still room for improvement Conclusions

  7. Thank you for your attention! Alla Tymofeyeva tymofeya@prf.cuni.cz BUSINESS AND HUMAN RIGHTS: IMPLEMENTING UNGPS IN UKRAINE