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Article

4 Sep 2014

Author:
Reto Walther, Zurich University of Applied Sciences

Thesis proposes non-judicial grievance mechanism for Switzerland based on UN Guiding Principles

"UN Guiding Principles on Business and Human Rights & Effective Remedies A state-based non-judicial grievance mechanism for Switzerland", 15 May 2014

Parallel to the proliferation of transnational corporations, the corporate impact on human rights has increased. Meanwhile, multinational enterprises are increasingly urged not to violate human rights, regardless of whether they operate far beyond the borders of their home states. However, the regulatory capacities of these corporations’ home states have not kept pace. Their judicial systems are often incapable of remedying business-related human rights abuse that occurs outside their frontiers...[T]his thesis answers the UN Guiding Principles on Business and Human Rights’ call for effective state-based non-judicial grievance mechanisms. To begin, it is explored why people whose human rights have been harmed due to extraterritorial business operations are often denied effective judicial remedy. In light of this, the thesis scrutinizes the requirements that a non-judicial grievance mechanism should satisfy to be effective..To this end, by starting from procedural guarantees of human rights treaties, the UN Guiding Principles’ effectiveness criteria are interpreted. Based on these findings, a grievance mechanism for Switzerland is ultimately conceived.