A/HRC/32/19
D.
Structure of the guidance
14.
The structure chosen for the guidance, on the basis of a series of policy objectives
and elements to demonstrate the different ways objectives can be achieved, is deliberately
flexible. There are many differences among jurisdictions in terms of legal structures,
cultures, traditions and resources, all of which have implications for future law reform. To
ensure global relevance and applicability, the guidance is designed to be readily adaptable
to a range of different legal systems and contexts and, at the same time, practical, forwardlooking and reflective of international standards on access to remedy.
15.
The guidance should not be regarded as a finite list of possible solutions to the
problems identified in the course of the work of OHCHR. There may be other ways of
achieving the underlying goal of improving implementation by States of the Guiding
Principles. Nor should the guidance be read as an exhaustive list of the actions to be taken
by States to implement the “Access to remedy” pillar. Deficiencies in domestic legal
systems with respect to accountability and access to remedy may have their roots in wider
challenges, including poverty, lack of capacity and lack of respect for the rule of law, which
may require more fundamental and wide-ranging reforms.
16.
Nevertheless, the guidance will be a significant resource for States seeking to
improve the effectiveness of their domestic legal responses to business and human rights
challenges and, beyond this, as a possible platform for future dialogue, cross-fertilization of
ideas, innovation and progress.
17.
In recognition of the distinct features of public and private remedial mechanisms, the
guidance has been divided into two parts: one relating to the enforcement of public law
offences and one relating to private law claims by affected individuals and communities.
Although domestic legal regimes do not necessarily fall neatly into one or other category,
and although there are barriers common to both methods of enforcement, there are
sufficient differences between the two to warrant separate treatment in the guidance. The
addendum to the present document provides further explanation and context in relation to
the different components of the guidance. In addition, a set of generalized illustrative
examples of State practice, demonstrating the ways that States can implement different
aspects of the guidance, are available from the website of OHCHR.23
18.
Figures 1 and 2 below set out in graphic form an overview of the different
components of the guidance, the relationships between those different components and their
implications for accountability and access to remedy.
23
6
See www.ohchr.org/EN/Issues/Business/Pages/OHCHRstudyondomesticlawremedies.aspx.
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