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Article

8 Sep 2017

Author:
UN Working Group on Business & Human Rights

To be effective, remedies should integrate rights holders’ perspectives & expectations, says UN Working Group on business & human rights report

"Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises", 18 Jul 2017

...[T]he Working Group...unpacks the concept of access to effective remedies under the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework. It clarifies the interrelationship between the right to effective remedy, access to effective remedy, access to justice and corporate accountability. It examines the issue...from the perspective of rights holders and proposes that remedial mechanisms should be responsive to the diverse experiences and expectations of rights holders. Affected rights holders should be able to claim what may be termed a “bouquet of remedies” without fear of victimization.

The Working Group also outlines what may be termed as an “all roads to remedy” approach to realizing effective remedies, which implies that access to effective remedy is taken as a lens to guide all steps taken by States and businesses and that remedies...are located in diverse settings. The report ends with specific recommendations to States, business enterprises, civil society organizations and human rights defenders.