A/HRC/17/31
Many of these barriers are the result of, or compounded by, the frequent imbalances
between the parties to business-related human rights claims, such as in their financial
resources, access to information and expertise. Moreover, whether through active
discrimination or as the unintended consequences of the way judicial mechanisms are
designed and operate, individuals from groups or populations at heightened risk of
vulnerability or marginalization often face additional cultural, social, physical and financial
impediments to accessing, using and benefiting from these mechanisms. Particular attention
should be given to the rights and specific needs of such groups or populations at each stage
of the remedial process: access, procedures and outcome.
State-based non-judicial grievance mechanisms
27.
States should provide effective and appropriate non-judicial grievance mechanisms,
alongside judicial mechanisms, as part of a comprehensive State-based system for the
remedy of business-related human rights abuse.
Commentary
Administrative, legislative and other non-judicial mechanisms play an essential role in
complementing and supplementing judicial mechanisms. Even where judicial systems are
effective and well-resourced, they cannot carry the burden of addressing all alleged abuses;
judicial remedy is not always required; nor is it always the favoured approach for all
claimants.
Gaps in the provision of remedy for business-related human rights abuses could be filled,
where appropriate, by expanding the mandates of existing non-judicial mechanisms and/or
by adding new mechanisms. These may be mediation-based, adjudicative or follow other
culturally-appropriate and rights-compatible processes – or involve some combination of
these – depending on the issues concerned, any public interest involved, and the potential
needs of the parties. To ensure their effectiveness, they should meet the criteria set out in
Principle 31.
National human rights institutions have a particularly important role to play in this regard.
As with judicial mechanisms, States should consider ways to address any imbalances
between the parties to business-related human rights claims and any additional barriers to
access faced by individuals from groups or populations at heightened risk of vulnerability
or marginalization.
Non-State-based grievance mechanisms
28.
States should consider ways to facilitate access to effective non-State-based grievance
mechanisms dealing with business-related human rights harms.
Commentary
One category of non-State-based grievance mechanisms encompasses those administered
by a business enterprise alone or with stakeholders, by an industry association or a multistakeholder group. They are non-judicial, but may use adjudicative, dialogue-based or
other culturally appropriate and rights-compatible processes. These mechanisms may offer
particular benefits such as speed of access and remediation, reduced costs and/or
transnational reach.
Another category comprises regional and international human rights bodies. These have
dealt most often with alleged violations by States of their obligations to respect human
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