A/HRC/30/35 Human Rights, clear guidance is set out on “access to remedy”, delineating respective roles for both States and business. 57. Prior to that, principle 22 in the second pillar states that where businesses identify that they have caused or contributed to adverse human rights impacts, they should provide for or cooperate in their remediation through legitimate processes. Where businesses have not caused or contributed to harm but it is directly linked to their operations, products or services by a business relationship, they are encouraged to take a role in providing remediation. In terms of operational principles under the third pillar, the Guiding Principles on Business and Human Rights, call on companies to establish or to participate in effective operational-level grievance mechanisms for those adversely impacted by them, so that grievances can be addressed early and remediated directly (principle 29). Such mechanisms are typically administered by enterprises, alone or in collaboration with other relevant stakeholders. They can be important complements to wider stakeholder engagement and collective bargaining processes, but cannot substitute for either, and can also make it possible to prevent harm from compounding or escalating. To ensure their effectiveness, the Guiding Principles on Business and Human Rights state that the operational-level grievance mechanisms should be legitimate, accessible, predictable, equitable, transparent, rights-compatible, a source of continuous learning, and based on engagement and dialogue (principle 31). There are already some good practice examples of operational-level grievance mechanisms.70 58. As part of its duty to protect against business-related human rights abuses, the State is required to take appropriate steps to ensure that those affected have access to effective remedy when abuses occur within their territory and/or jurisdiction and to reduce barriers that could lead to a denial of this access. In the Guiding Principles on Business and Human Rights, it is indicated that this is to be achieved primarily through State-based judicial mechanisms and non-judicial grievance mechanisms, which are complementary in nature (principles 25–27). States are also encouraged to consider ways to facilitate access to effective non-State based grievance mechanisms that can have the benefit of reduced costs, increased speed of access and transnational reach, where States may be more limited. These may be non-judicial business, industry or multi-stakeholder mechanisms; or they may be regional or international human rights bodies (see principle 28). 59. For victims of contemporary forms of slavery, including those in supply chains, remedies may include compensation, medical and psychological care, free legal aid and social services, effective measures aimed at the cessation of continuing violations and alternative livelihood support measures. However, the right to an effective remedy for many workers, in particular the most vulnerable in supply chains, remains largely elusive and redress for corporate human rights violations is hampered by many barriers, including the high costs of litigation and a lack of a free legal aid. Moreover, the victims, especially if not members of trade unions, may not be aware that their rights have been violated. In extreme instances, workers may be enslaved and physically unable to enforce their rights. 71 70 71 Law and Serious Violations of International Humanitarian Law. See for instance, International Petroleum Industry Environmental Conservation Association for an example in the global oil and gas industry (“Operational level grievance mechanisms: good practice survey”, www.ipieca.org/publication/operational-level-grievance-mechanisms-good-practice-survey). For a comprehensive account of barriers to access to remedies, see Gwynne Skinner and others, The Third Pillar: access to judicial remedies for human rights violations by transnational businesses (2013, International Corporate Accountability Roundtable). The report seeks to understand which barriers are most insurmountable for victims of abuses of human rights by transnational business and to provide recommendations for each of the jurisdictions examined regarding how the States can better fulfil their duty to reduce these barriers. On the right to an effective remedy, see also the OHCHR initiative on enhancing accountability and access to remedy in cases of business 17

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