A/HRC/44/32/Add.1 mediation) and/or a better understanding of the different perspectives involved (as may be the case through more open-ended approaches). “Preventive remedies” refers to precautionary or pre-emptive action to mitigate or prevent future harm. “Adopting a gender perspective” refers to the process of assessing the implications for women, men and others of any policies, processes and practices, and making their concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies, processes and practices so that they benefit equally and inequality is not perpetuated.9 Being “gender-sensitive” means using respectful and non-discriminatory language and taking into account the different situations, needs and attributes of women, men and others, in order to make sure behaviours, mindsets or programmes respect the human rights of all persons. 1. The legal and policy environment for non-State-based grievance mechanisms 7. Domestic legal regimes and policies, and the manner in which they are implemented and enforced, can have a profound effect on the effectiveness of non-State-based grievance mechanisms in practice. Thus, the recommended action begins with suggestions for ways that States can work towards creating more enabling legal and policy environments for such mechanisms.10 8. Policy objective 1 envisages an open, inclusive, evidence-based process to clarify the types of non-State-based grievance mechanisms in the jurisdiction, the various contributions they can make to domestic law and policy relevant to the corporate responsibility to respect human rights, and the options that could be considered to improve policy coherence in States’ approaches to non-State-based grievance mechanisms so that such mechanisms are better able to fulfil the role envisaged for them in the Guiding Principles (1.1 and 1.2). This process could take place as part of a national action plan on business and human rights 11 or as part of strategies to improve access to remedy more generally. The task of identifying the laws, policies and processes that are potentially relevant to non-State-based grievance mechanisms in practice (1.1(e)) is complicated by the fact that many of these regimes will not be expressed in human rights terms. Potentially relevant regimes may include contract law, competition law, laws on recognition of arbitration awards, laws protecting fundamental labour rights, consumer law, environmental law, privacy laws, immigration law, laws on equality and antidiscrimination, laws on whistle-blower protection and laws on freedom of information. Moreover, the legal implications of establishing such mechanisms, for business enterprises in particular, may be shaped by the operation of laws of much broader application, such as those relating to civil liability.12 9. The action needed to address any deficiencies identified through the review process (1.2) will vary depending on local legal structures and needs. States should consider the particular needs of, and challenges facing, small and medium-sized enterprises. In some cases, States may seek to facilitate access to non-State-based grievance mechanisms by issuing suitable guidance (1.2(c)), which could be sector-specific or responsive to specific human rights-related risks (e.g. as may exist in conflict-affected areas).13 10. Further measures (1.2(d)) need not necessarily be limited to regulatory controls, but may encompass incentives. In some cases, and particularly where there is a State-business nexus,14 there may be opportunities to craft suitable incentives for business enterprises for 9 10 11 12 13 14 6 See www.ohchr.org/EN/Issues/Women/WRGS/Pages/GenderIntegration.aspx. See Guiding Principles on Business and Human Rights, principle 28. See www.ohchr.org/EN/Issues/Business/Pages/NationalActionPlans.aspx. See further A/HRC/32/19, policy objective 14 (calling on States to take steps to ensure that “corporate liability under domestic private law regimes are properly aligned with the responsibility of companies to exercise human rights due diligence across their operations”). Guiding Principles on Business and Human Rights, principle 7. Ibid., principles 4–6.