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Report

10 Feb 2017

Author:
Tarragona Centre for Environmental Law Studies (CEDAT)

New guidance on cross-border litigation & non-judicial remedies for human rights abuses by European co.s

“Human Rights in European Business: a practical handbook for civil society organisations and human rights defenders”, September 2016

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…[It] is based on a selection of legal problems…to help…identify the main obstacles in setting up a claim with a reasonable expectation of success and the possible solutions to those obstacles. The cases…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…Second, the legal systems involved are ineffective at protecting the victims…Outside the country where the rights were violated, there is a series of venues offering non-judicial solutions…[T]his handbook is intended as…a strategic guide to facilitate legal advice for the victims of abuses due to transnational companies’ activities in the global South, with a view to possible litigation in the parent company’s home jurisdictional system…