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Q 88. What would count as “severe” impact?
The commentary to Guiding Principle 14 states that the severity of human rights
impacts “will be judged by their scale, scope and irremediable character”. This
means that both the gravity of the impact and the number of individuals that
are or will be affected (for instance, from the delayed effects of environmental
harm) will be relevant considerations. “Irremediability” is the third relevant
factor, used here to mean any limits on the ability to restore those affected to a
situation at least the same as, or equivalent to, their situation before the impact.
For these purposes, financial compensation is relevant only to the extent that it
can provide for such restoration.
It is not necessary for an impact to have more than one of these three
characteristics to be reasonably considered “severe”. That said, it is often the
case that the greater the scale or the scope of an impact, the less it can be
remedied. In addition, Guiding Principle 24 highlights the fact that a delay in
addressing a certain impact may itself make it less remediable and that this
should be taken into account in the prioritization. For example, if workers are
unfairly dismissed, an extended delay in remediation may oblige them to move
in search of other work, making their reinstatement more difficult.
If an adverse impact is potential rather than actual, standard approaches to
risk management suggest that the probability of it occurring becomes a primary
factor, alongside its severity. However, a low probability of a severe human
rights impact alone cannot justify reducing the priority of efforts to mitigate
the risk. Instead, the remediability of the potential impact must be a key factor
in determining the legitimacy of delaying such efforts. In sum, in the context
of risks to human rights, the severity of actual or potential risks must be the
dominant factor.
In many cases it may be self-evident what kind of impact is “severe” or
“irremediable”, for example impact on the right to life and health of individuals
or which fundamentally affects the welfare of entire groups or communities.
And in cases where an enterprise has identified that it risks being involved in
gross human rights abuse addressing this risk should always be given priority.
In other situations it may be less clear what human rights impact should be
considered most severe or what factors might affect its remediability. Moreover,
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