A/HRC/38/20
to encourage to make complaint handling and/or dispute resolution services of the
mechanism available to parties free of charge.
7.3
Where possible, financial assistance is made available to rights holders to help to
defray the costs associated with assessing the relevant services. Proactive steps are taken to
ensure that information about such financial assistance is conveyed to the rights holders for
whom it is intended.
7.4
Complaint handling and/or dispute resolution processes are designed to be as userfriendly as possible and, where appropriate, allow for the possibility of (a) representation in
person (namely, without the need for legal counsel); and/or (b) the assistance of a
representative or other third party; and (c) collective redress.
7.5
State-based mechanisms take appropriate steps to enable rights holders to access and
participate in complaint handling and/or dispute resolution processes in ways most
convenient to them, including through online forms, telephone reporting, by post or in
person.
7.6
State-based non-judicial mechanisms make available, free of charge, (a) advisory
and support services necessary to promote easy access by individuals and communities to
complaint handling and/or dispute resolution processes, including through online resources,
such as downloadable pamphlets and videos, paper resources, and telephone helplines; and,
(b) where relevant and appropriate, suitable advisory or “triage” services to ensure that
complaints and/or disputes can be swiftly directed to the place where they can most
quickly, efficiently and appropriately be resolved in the light of all relevant circumstances.
7.7
The materials, resources and advisory services referred to in paragraphs 7.5 and 7.6
above are made available (a) in formats that meet the needs and are consistent with the
rights of persons with disabilities, including persons with impairments to hearing, sight or
mobility; and (b) to an appropriate extent, in the light of the relevant mechanism’s mandate
and functions, in the languages of the rights holders for whom they are intended.
7.8
Periods of limitations, to the extent that they apply to the complaint handling and/or
dispute resolution functions of State-based non-judicial mechanisms, are set in accordance
with certain factors, such as the nature and severity of human rights risks addressed by the
mechanism, and other issues, such as the remoteness of individuals and communities likely
to be at risk and the particular needs of the rights holders for whom the mechanism is
designed to help.
7.9
State-based non-judicial mechanisms have put in place measures designed to allow
access to and use of the mechanisms by rights holders on an equal basis with others, for
instance by improving physical and communicational accessibility to premises and by
making adjustments to processes and procedures to facilitate their use (and reduce barriers
to participation) by persons with disabilities, including deaf persons and persons with
intellectual or psychosocial impairments, and older persons.
7.10 State-based non-judicial mechanisms adopt and implement procedures and practices
to protect confidentiality where the context and circumstances of the case would make it
necessary, particularly with respect to the identity of individuals who may be at risk of
threats, harassment or reprisals, and appropriate safeguarding arrangements for the
protection of rights holders, taking into account the particular needs of persons at greater
risk of vulnerability and/or marginalization.
7.11 The confidentiality of the private information of users of State-based non-judicial
mechanisms is protected by robust domestic law regimes on privacy and the protection of
personal data.
7.12 The State adopts and enforces laws and takes other measures to protect individuals
and communities from the risk of reprisals, harassment and discrimination as a consequence
of having referred any business and human rights-related allegation, claim, complaint or
dispute to a State-based non-judicial mechanism.
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