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Article

10 Apr 2017

Author:
European Union Agency for Fundamental Rights

EU: Agency for Fundamental Rights publishes recommendations on improving access to remedy for corporate human rights abuses

"Improving access to remedy in the area of business and human rights at the EU level", 10 Apr 2017

...The expert opinion sought from FRA was to look at “possible avenues to lower barriers for access to remedy at the EU level”...The Council Conclusions emphasise the need for further action by the EU on access to remedy in particular...[T]here is a need for both judicial mechanisms and non-judicial mechanisms to ensure effective access to remedies for victims of business-related human rights abuses...This FRA Opinion covers the areas of judicial and non-judicial remedies, as well as issues related to their effective implementation...[T]he following 21 specific opinions are clustered under six headings:

1.  Lowering barriers to make judicial remedies more accessible
2.  Enhancing the effectiveness of judicial remedies – especially in extraterritorial situations
3.  Ensuring effective remedies through criminal justice
4.  Ensuring effective non-judicial remedies – state based and non-state based
5.  Implementing access to remedy – transparency and data collection
6.  Implementing access to remedy – action plans, coordination and due diligence

Lowering barriers to access remedy would help victims of business-related human rights abuse to have their rights realised.  Victims should, for instance, more easily be able to get assistance with how and where to bring a case, and should have a more level playing field with business to provide evidence.  FRA’s findings from research in related areas suggest that more could be done to...