A/HRC/41/43 seventy-second session (A/72/162), business enterprises should keep in mind differentiated intersectional impacts on women and their human rights; (b) Remedies offered by business enterprises for sexual harassment and genderbased violence should be responsive to women’s experiences. Compensation settlements, for example, should never exclude access to judicial or non-judicial mechanisms and nondisclosure agreements should not be used unless requested by the affected women; (c) In addition to remedying specific adverse impacts, remedies in appropriate cases should also be aimed at bringing about systematic changes in discriminatory power structures. For example, if sexual harassment complaints in factories are not taken seriously owing to an underrepresentation of women in managerial positions, this imbalance should be addressed; (d) Where adverse impacts, including on women’s human rights, are directly linked to a business enterprise’s suppliers, the enterprise, while not required to provide for remediation itself under the Guiding Principles, should still require and incentivize its suppliers to provide for effective remedies; (e) Business enterprises should show coherence in discharging their responsibility to cooperate in remediation of adverse impacts through legitimate processes. For example, they should comply with decisions emanating from such processes and avoid targeting affected communities, including women human rights defenders and trade union leaders, for seeking legitimate remedies. Guiding principle 23 45. Business enterprises should, in all contexts, respect all relevant national laws, as well as regional and international standards concerning women’s human rights, and contribute to achieving substantive gender equality. 46. Illustrative actions: (a) If norms or social practices in a country discriminate against women, business enterprises should explore innovative ways to uphold women’s international human rights and use their influence to positively change those discriminatory norms; (b) Business enterprises should be mindful of legal liability where they cause or contribute to sexual harassment and gender-based violence. Guiding principle 24 47. In prioritizing action to address those adverse human rights impacts that are most severe or irremediable, business enterprises should recognize that gender discrimination, sexual harassment and gender-based violence have severe and irremediable impacts. 48. Illustrative actions: (a) Business enterprises should regard gender-based discrimination, sexual harassment and gender-based violence as adverse impacts to be prevented, mitigated and remediated on a priority basis; (b) Business enterprises should ensure that any decision in prioritizing action is informed by the meaningful participation of potentially affected women and women���s organizations. Guiding principle 25 49. States must ensure that all necessary judicial, administrative, legislative or other steps that they take to provide affected persons with access to effective remedies for business-related human rights abuses are gender-transformative. 50. Illustrative actions: (a) States should ensure the participation of women and women’s organizations in carrying out legislative, administrative or judicial reform to improve access to effective remedies for business-related human rights abuses; 23

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