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Japanese Government’s Human Rights Due Diligence Guidelines (2) - The Significance of Respecting Human Rights, Scope of “Human Rights”, and Efforts to Respect Human Rights

Following the previous article, this article provides commentary on the significance of respecting human rights (1.2), scope of “human rights” (, and “efforts to respect human rights” (2.2) in the Japanese Government’s Human Rights Due Diligence Guidelines (the “Guidelines”). The Guidelines proclaim that “all business enterprises have the corporate responsibility regardless of their size, sector, operational context, ownership, and structure”, and “business efforts to respect human rights should, needless to say, aim to prevent, mitigate, and remedy adverse human rights impacts from business activities” (1.2, paras. 1 and 2). In addition, the Guidelines indicate that as a result of continuing to meet their responsibility to respect human rights, business enterprises can, inter alia, maintain and acquire corporate value (para. 2)...To read the full article, please see the PDF file

*This article is also available in Japanese.

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Corporate Newsletter (February 9, 2023) Download PDF [276 KB]


湯川 雄介

With a strong background in commercial transactions and corporate governance and compliance, Yusuke focuses on business and human rights, advising companies on various related issues, including the formulation of human rights norms, human rights due diligence, stakeholder engagement, the formulation of human rights clauses in contracts, compliance with modern slavery laws, and consulting on transactions with countries with human rights issues. He is a core member of the Business and Human Rights Projects Team of the Committee on International Human Rights within the Japan Federation of Bar Associations and spreads awareness of the field through lectures at universities and law schools, and by contributing to various publications and seminars. He currently serves as the representative of the firm’s Yangon office providing wide-ranging legal advice to international investors and companies investing and doing business in Myanmar. In addition, Yusuke is involved in a broad range of lawmaking activities in Myanmar to bring their laws into alignment with international standards and norms, and was the first foreign member of the Myanmar Association of Insolvency Practitioners.

森田 多恵子

Since she joined Nishimura & Asahi in 2004, she has been involved in various types of corporate matters, including M&A, compliance and corporate group internal controls. She handles in day-to-day matters as well as strategic and special situations, and can provide business advice. With respect to corporate governance matters, she provides practical advice on the full spectrum of corporate governance matters including administration of shareholder meetings, company organization structures, disclosure, administration of the board of directors, board evaluations, executive compensation, and company indemnification. She also has extensive experience in the field of consumer law matters, such as how to respond to consumer-law related regulations, consumer organizations, and investigations by authorities. She has expertise and provides advice on advertising, marketing activities, and e-commerce.

根本 剛史

Takeshi has handled many complex M&A transactions and provides sincere advice to his clients. He has extensive experience in M&A-related disputes, and is well versed in the various issues facing companies with founding family shareholders. In recent years, he has been involved in many cases involving business and human rights, impact investing, and advises companies from the perspective of sustainability. He is also actively involved in pro bono work and is one of the most experienced in Japan.