A/HRC/42/41
enterprises such as corporations, employers, manufacturers, importers and exporters, among
others.
95.
Effective accountability and access to remedy in transboundary cases require
international cooperation, including measures for prevention and the disclosure of
information. States should take steps to improve the effectiveness of cross-border
cooperation between State agencies and judicial bodies, with respect to both public and
private law enforcement of domestic legal regimes. 83
96.
In situations where businesses in their jurisdiction cause, contribute to or are linked
to the abuse of workers’ rights from exposure to toxic substances abroad, home States of
such businesses should ensure that their domestic legal systems permit foreign workers to
adjudicate claims against such business enterprises and/or individuals in the event that
domestic judicial systems are unlikely to ensure that workers harmed by such toxic
exposures will have access to justice or effective remedies. 84
83
84
20
See general comment No. 34. For relevant guidance, see A/HRC/32/19 and Corr.1, paras. 24–28 and
annex, “Guidance to improve corporate accountability and access to judicial remedy for businessrelated human rights abuse”, paras. 9.1–9.7, 10.1, 17.1–17.5 and 18.1–18.2.
See, e.g., Supreme Court of the United Kingdom, Vedanta Resources PLC and another (Appellants)
v. Lungowe and others (Respondents), Judgment of 10 April 2019.
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