The EU Corporate Sustainability Due Diligence Directive: Migrant Workers and Emerging Challenges in Respecting Human Rights

Abstract

The EU Corporate Sustainability Due Diligence Directive (CSDDD) represents a significant advancement in regulating mandatory human rights due diligence (mHRDD). However, its potential to promote mHRDD processes that fully respect the rights of migrant workers, particularly those facing intersectional discrimination in lower tiers of the value chain, remains uncertain. This paper critically analyzes the CSDDD through an intersectional lens, with a focus on its personal scope, material scope, and approach to non-discrimination. It identifies key shortcomings in these areas and underscores the need for a more expansive, holistic and comprehensive regulatory framework in the transposition of CSDDD.