ACCESS TO REMEDY:
Foundational principle
r As part of their duty to protect against business-related human rights abuse, States must take
appropriate steps to ensure, through judicial, administrative, legislative or other appropriate
means, that when such abuses occur within their territory and/or jurisdiction those affected
have access to effective remedy.
Operational principles
r State-based judicial mechanisms: States should take appropriate steps to ensure the
r
r
r
r
effectiveness of domestic judicial mechanisms when addressing business-related human
rights abuses, including considering ways to reduce legal, practical and other relevant
barriers that could lead to a denial of access to remedy.
State-based non-judicial grievance mechanisms: States should provide effective and
appropriate non-judicial grievance mechanisms, alongside judicial mechanisms, as part of a
comprehensive State-based system for the remedy of business-related human rights abuse.
Non-State-based grievance mechanisms: States should consider ways to facilitate access to
effective non-State-based grievance mechanisms dealing with business-related human
rights harms.
To make it possible for grievances to be addressed early and remediated directly, business
enterprises should establish or participate in effective operational-level grievance
mechanisms for individuals and communities who may be adversely impacted.
Industry, multi-stakeholder and other collaborative initiatives that are based on respect for
human rights-related standards should ensure that effective grievance mechanisms are
available.
Effectiveness criteria for non-judicial grievance mechanisms
r In order to ensure their effectiveness, non-judicial grievance mechanisms, both State-based
and non-State-based, should be: (a) Legitimate: enabling trust from the stakeholder groups
for whose use they are intended, and being accountable for the fair conduct of grievance
processes; (b) Accessible: being known to all stakeholder groups for whose use they are
intended, and providing adequate assistance for those who may face particular barriers
to access; (c) Predictable: providing a clear and known procedure with an indicative time
frame for each stage, and clarity on the types of process and outcome available and means
of monitoring implementation; (d) Equitable: seeking to ensure that aggrieved parties have
reasonable access to sources of information, advice and expertise necessary to engage in a
grievance process on fair, informed and respectful terms; (e) Transparent: keeping parties
to a grievance informed about its progress, and providing sufficient information about the
mechanism’s performance to build confidence in its effectiveness and meet any public
interest at stake; (f ) Rights-compatible: ensuring that outcomes and remedies accord with
internationally recognized human rights; and, (g) A source of continuous learning: drawing
on relevant measures to identify lessons for improving the mechanism and preventing future
grievances and harms.
Operational-level mechanisms should also be: (h) Based on engagement and dialogue:
consulting the stakeholder groups for whose use they are intended on their design and
performance, and focusing on dialogue as the means to address and resolve grievances.
Source: Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect, and
Remedy Framework” (Read more at: https://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_
EN.pdf )
ANGOC and KPA
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents