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Article

1 Sep 2016

Author:
Antoni Pigrau Solé, Maria Álvarez Torné, Antonio Cardesa-Salzmann, Maria Font I Mas, Daniel Iglesias Márquez & Jordi Jaria I Manzano

Human rights in European Business. A practical handbook for civil society organisations and human rights defenders

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This handbook is written as a rough overview of the main procedural and substantive problems that can arise when you file a claim in European courts in connection with human rights violations caused outside EU territory by the activities of companies linked to EU Member States.  The handbook is based on a selection of legal problems and paperwork hurdles we have chosen to help you identify the main obstacles in setting up a claim with a reasonable expectation of success and the possible solutions to those obstacles.  The cases in this handbook usually concern situations of human rights violations taking place in countries on the fringes of the global economy and containing two decisive elements. First, the victims are usually in an extremely vulnerable situation, a combination of a highly fragile socio-economic situation and extremely faint possibilities of institutional action. Second, the legal systems involved are ineffective at protecting the victims, because there is corruption, because the government’s powers are weak, and because the countries depend on the investments made by the very companies that are ultimately responsible for the human rights violations...We look at...the fundamental elements for tracing out a road map for suing in European courts...for compensation for damages caused in third countries by transnational companies domiciled in Europe due to direct or indirect violations of human rights...

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