Article
OHCHR invites comments on draft scoping paper on State-based non-judicial mechanisms by 30 January 2017
...This scoping paper...aims to provide a preliminary assessment of current practices and challenges with respect to the use of State-based non-judicial mechanisms as a way of enhancing access to remedy in cases of adverse human rights impacts that are business-related, and to identify areas where there may be a need for further research and/or legal development...
For the purpose of this initial scoping exercise, four “focus areas” have been chosen, each of which has clear relevance to business respect for human rights. These are:
- complaints by employees in respect of breaches of labour standards, such as workplace health and safety standards or obligations of non-discrimination;
- complaints by consumers in various contexts (e.g. product safety, healthcare; problems in the provision of essential services, including utilities and privatised and outsourced services);
- complaints about breaches of environmental standards;
- complaints about providers of security services.
This paper considers, in a preliminary way:
- The role and purpose of State-based NJMs within domestic regulatory regimes;
- The various institutional models presently in use;
- Key issues and considerations in the design of State-based NJMs; and
- Issues arising in cross-border cases...