Business and Human Rights at the Council of Europe
— OENDDF analysis note on Recommendation CM/Rec(2016)3, by Christine Monty, President of OENDDF
Ten years after its adoption, Recommendation CM/Rec(2016)3 of the Council of Europe’s Committee of Ministers remains the Council of Europe’s principal specific instrument on human rights and business. Based on the United Nations Guiding Principles on Business and Human Rights, it translates the « Protect, Respect and Remedy » framework into the pan-European context, linking it to the Council of Europe’s own standards: the European Convention on Human Rights, the European Social Charter and access-to-remedy mechanisms.
This note examines the Recommendation in light of the case law of the European Court of Human Rights, the European Social Charter system, and implementation work carried out since 2016, and identifies five operational priorities for 2026–2028.
The normative framework: the ECHR and the European Social Charter
The note reviews the case law of the European Court of Human Rights on States’ positive obligations vis-à-vis private actors (Rantsev v. Cyprus and Russia, Chowdury and Others v. Greece, Cordella and Others v. Italy), as well as the role of the European Social Charter’s collective complaints mechanism for workers, children and other groups exposed to heightened risks.
Ten years of implementation
It takes stock of ten years of implementation of CM/Rec(2016)3: the CDDH’s 2021 review, the exchanges resumed in 2025, the « Human Rights and Environmentally Responsible Business Practices » project (2024–2025), and the parallel evolution of the European framework with Directive (EU) 2026/470 of 24 February 2026 on corporate due diligence.
Five priorities for 2026–2028
- Updating the implementation baseline, State by State;
- Making access to remedy measurable and operational;
- Clarifying the interaction with European developments in human rights due diligence;
- Structuring stakeholder participation (NGOs, national human rights institutions, trade unions, businesses, affected persons and communities);
- Developing sector-specific implementation tools (supply chains, extractive industries, digital technologies and AI, migrant labour, children’s rights).
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Frequently Asked Questions
What is Council of Europe Recommendation CM/Rec(2016)3?
Adopted by the Committee of Ministers on 2 March 2016, CM/Rec(2016)3 is the Council of Europe’s principal instrument on human rights and business. It translates the United Nations Guiding Principles on Business and Human Rights into the pan-European context, linking them to the European Convention on Human Rights and the European Social Charter.
What priorities does OENDDF identify for 2026–2028?
OENDDF identifies five priorities: updating the implementation baseline State by State, making access to remedy measurable and operational, clarifying the interaction with European developments in human rights due diligence, structuring stakeholder participation, and developing sector-specific implementation tools.
How does the Council of Europe framework differ from that of the European Union on this issue?
The Council of Europe framework brings its own added value: States’ conventional obligations under the European Convention on Human Rights, the Court’s case law, the social rights guaranteed by the European Social Charter, and access to remedy for affected persons — complementing the European Union’s due diligence instruments, such as Directive (EU) 2026/470.
Analysis note prepared by Christine Monty for the European Observatory on Non-Discrimination and Fundamental Rights (OENDDF) — September 2026.
Any partial or full reproduction must credit the source: OENDDF.