A/HRC/41/43
(b)
States should take effective steps to investigate, punish and redress businessrelated adverse impacts on women’s human rights, including sexual harassment and
gender-based violence, that occur in their territory and/or jurisdiction;
(c)
States should create mechanisms and processes to redress extraterritorial
adverse impacts caused, or contributed to, by business enterprises domiciled in their
territory and/or jurisdiction, and enhance cross-border cooperation in cases with a
transnational dimension;
(d)
States should ensure that judicial and non-judicial institutions are capable of
providing gender-transformative remedies to achieve substantive gender equality;
(e)
States should build the capacity of judges, prosecutors, police officers and
other relevant actors to ensure that they operate with gender sensitivity and without
discriminatory gender stereotyping when dealing with complaints about adverse impacts on
women’s human rights.
Guiding principle 26
51.
When taking steps to reduce legal, practical and other barriers in accessing domestic
judicial mechanisms for cases of business-related human rights abuse, States should pay
attention to the additional barriers faced by women in seeking effective remedies.
52.
Illustrative actions:
(a)
In line with general recommendation No. 33 (2015) on women’s access to
justice, of the Committee on the Elimination of Discrimination against Women, States
should take proactive and targeted measures to reduce additional barriers that may be faced
by women in holding businesses accountable for human rights abuses, for example a low
level of literacy, limited economic resources, gender stereotyping, discriminatory laws,
patriarchal cultural norms and household responsibilities;
(b)
States should introduce systematic reform to address gender bias and
discriminatory power structures that disadvantage women in seeking effective remedies for
business-related human rights abuses. For example, the gender pay gap would result in
women having fewer resources to seek remedies;
(c)
States should put in place mechanisms to ensure that no reprisals or
retaliatory action are directed against women, including women human rights defenders and
trade union leaders, seeking remedies;
(d)
States should consider how technological innovations could be used to reduce
practical barriers, including with regard to physical access and additional victimization
caused by repeated testimonies, faced by women in accessing courts;
(e)
Legal aid schemes may adopt a differential financial threshold to provide
support to affected women seeking remedies, while support should be available to all
victims of sexual harassment and gender-based violence.
Guiding principle 27
53.
States should confer an explicit mandate on non-judicial grievance mechanisms, and
provide them with adequate powers and resources, to deal with business-related human
rights abuses, including gender-discrimination and sexual-harassment complaints against
business enterprises.
54.
Illustrative actions:
(a)
States should grant non-judicial grievance mechanisms the powers necessary
to provide effective transformative remedies in business-related cases of gender
discrimination and sexual harassment;
(b)
When making appointments to non-judicial grievance mechanisms, such as
national human rights institutions and national contact points, States should consider the
gender balance;
24
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