Using Securities Disclosures to Advance Human Rights: A Consideration of Dodd-Frank Section 1502 and the Securities and Exchange Commission Conflict Minerals Rule

Abstract

This article considers how US securities disclosures might be used to further human rights interests. It focuses on Section 1502 of the Dodd-Frank Act. That section was enacted as an express reaction to human rights violations occurring in the Democratic Republic of Congo (“DRC”). Section 1502 requires certain companies to disclose their use of conflict minerals in their products, in the hope that such disclosure requirements would cause companies to stop using the minerals and thereby to force change in the DRC. The section thus serves as a potential model for future human-rights-based disclosure. This article explores that potential.

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