A/HRC/17/31
remediability. Severity is not an absolute concept in this context, but is relative to the other
human rights impacts the business enterprise has identified.
III.
Access to remedy
A.
Foundational principle
25.
As part of their duty to protect against business-related human rights abuse, States
must take appropriate steps to ensure, through judicial, administrative, legislative or
other appropriate means, that when such abuses occur within their territory and/or
jurisdiction those affected have access to effective remedy.
Commentary
Unless States take appropriate steps to investigate, punish and redress business-related
human rights abuses when they do occur, the State duty to protect can be rendered weak or
even meaningless.
Access to effective remedy has both procedural and substantive aspects. The remedies
provided by the grievance mechanisms discussed in this section may take a range of
substantive forms the aim of which, generally speaking, will be to counteract or make good
any human rights harms that have occurred. Remedy may include apologies, restitution,
rehabilitation, financial or non-financial compensation and punitive sanctions (whether
criminal or administrative, such as fines), as well as the prevention of harm through, for
example, injunctions or guarantees of non-repetition. Procedures for the provision of
remedy should be impartial, protected from corruption and free from political or other
attempts to influence the outcome.
For the purpose of these Guiding Principles, a grievance is understood to be a perceived
injustice evoking an individual’s or a group’s sense of entitlement, which may be based on
law, contract, explicit or implicit promises, customary practice, or general notions of
fairness of aggrieved communities. The term grievance mechanism is used to indicate any
routinized, State-based or non-State-based, judicial or non-judicial process through which
grievances concerning business-related human rights abuse can be raised and remedy can
be sought.
State-based grievance mechanisms may be administered by a branch or agency of the State,
or by an independent body on a statutory or constitutional basis. They may be judicial or
non-judicial. In some mechanisms, those affected are directly involved in seeking remedy;
in others, an intermediary seeks remedy on their behalf. Examples include the courts (for
both criminal and civil actions), labour tribunals, National Human Rights Institutions,
National Contact Points under the Guidelines for Multinational Enterprises of the
Organization for Economic Cooperation and Development, many ombudsperson offices,
and Government-run complaints offices.
Ensuring access to remedy for business-related human rights abuses requires also that
States facilitate public awareness and understanding of these mechanisms, how they can be
accessed, and any support (financial or expert) for doing so.
State-based judicial and non-judicial grievance mechanisms should form the foundation of
a wider system of remedy. Within such a system, operational-level grievance mechanisms
can provide early-stage recourse and resolution. State-based and operational-level
mechanisms, in turn, can be supplemented or enhanced by the remedial functions of
collaborative initiatives as well as those of international and regional human rights
22
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