A/HRC/38/20 Policy objective 2: Individuals and communities affected by or at risk of businessrelated human rights abuses have a realistic and readily identifiable pathway to an effective remedy. 2.1 Information regarding the various complaint handling and/or dispute resolution options and mechanisms that may be available in different types of contexts and cases are made available to rights holders in a manner that is readily understandable by them. 2.2 Advisory and support services are made available to rights holders, which includes advice with regard to (a) the relative advantages and disadvantages of different complaint handling and/or dispute resolution options; and (b) the types of remedial outcomes that may be achieved through different mechanisms (including judicial ones). 2.3 The State encourages and provides the resources necessary to enable providers of the information and/or advisory and support services mentioned in 2.1 and 2.2 above to engage in appropriate physical outreach activities among relevant rights holders to promote the widest possible awareness of the various complaint handling and/or dispute resolution options and mechanisms that may be available in different contexts and cases, including through regional offices and service centres, mobile offices and “road shows”. 2.4 Where the realization of an effective remedy is likely to require or benefit from the involvement of more than one State-based non-judicial mechanism, law enforcement body and/or regulatory agency, arrangements have been made to facilitate (as appropriate in the light of the mandates, functions and powers of the relevant agencies or mechanisms) the referral or exchange of information, proceedings and/or enquiries between the relevant agencies, bodies or mechanisms in a manner that is equitable, predictable, rightscompatible and transparent; consistent with domestic legal structures and constitutional principles; consistent with the objective of reducing barriers to remedy and not erecting barriers to prevent legitimate cases from being brought before rights holders’ preferred mechanisms; takes into due account rights holders’ needs and preferences with regard to access to different kinds of mechanisms; and also takes into due account the need for confidentiality in certain circumstances, and particularly with regard to the identity of individuals who may be at risk of threats, harassment or reprisals. Policy objective 3: State-based non-judicial mechanisms and judicial mechanisms complement and support each other in a manner that promotes accountability and access to remedy for business-related human rights abuses. 3.1 There is delineation between the roles and responsibilities of State-based nonjudicial mechanisms and judicial mechanisms. This delineation is appropriate to the type, nature and severity of different business-related human rights abuses, and recognizes that there will be cases where judicial recourse is an essential part of gaining access to remedy. 3.2 To the extent relevant and appropriate in the light of their mandates and functions, State-based non-judicial mechanisms can readily seek assistance from judicial mechanisms in relation to specific matters, such as the use of powers of investigation, in obtaining injunctive relief or in the enforcement of legally binding remedial outcomes. 3.3 Where relevant and appropriate in the light of their mandates and functions, Statebased non-judicial mechanisms may (a) seek or recommend the transfer of complaints and/or disputes for adjudication by judicial mechanisms and/or (b) refer allegations or evidence of business involvement in human rights abuses to judicial mechanisms and/or other law enforcement bodies for investigation and/or further action. The procedures governing such transfers or referrals are equitable, predictable, rights-compatible and transparent, and take into due account rights holders’ needs and preferences with respect to different complaint handling and/or dispute resolution options, and the need for confidentiality in certain circumstances, particularly with regard to the identity of individuals who may be at risk of threats, harassment and reprisals. 3.4 Rights holders are made aware of (a) the circumstances in which, and the procedural stages at which, judicial mechanisms may become involved in the investigation, adjudication and/or resolution of complaints and/or disputes that have been initiated in or referred to State-based non-judicial mechanisms; and (b) their rights to challenge and/or to 10

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