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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