A/HRC/32/19
Policy objective 13: Private law regimes are sufficiently robust to ensure that there is
both effective deterrence from and effective remedy in the event of corporate
contributions to business-related human rights abuses perpetrated by third parties.
13.1 Domestic private law regimes (a) communicate clearly the different modes and
degrees of contribution to the harms perpetrated by a third party that will give rise to
secondary legal liability; and (b) are clear as to the extent to which the principles for
assessing secondary liability are applicable to companies.
13.2 Domestic private law regimes are clear as to the principles used to attribute
knowledge, intentions, actions and omissions to a company for the purposes of assessing
corporate legal liability on the basis of theories of secondary liability.
13.3 Domestic private law regimes treat causes of action based on theories of secondary
liability as distinct causes of action, conceptually and procedurally separate from any
breaches of law committed by the primary wrongdoer, and such secondary liability is not
contingent, in law or in practice, on any judicial finding of liability on the part of the
primary wrongdoer.
Policy objective 14: The principles for assessing corporate liability under domestic
private law regimes are properly aligned with the responsibility of companies to
exercise human rights due diligence across their operations.
14.1 Domestic private law regimes take appropriate account of effective measures by
companies to identify, prevent and mitigate the adverse human rights impacts of their
activities.
14.2 Domestic private law regimes take appropriate account of effective measures by
companies to supervise their officers and employees to prevent and mitigate adverse human
rights impacts.
14.3 Domestic private law regimes make appropriate use of strict or absolute liability as a
means of encouraging greater levels of vigilance in relation to business activities that carry
particularly high risks of severe human rights impacts.
14.4 Judicial bodies have access to and take proper account of robust, credible and, where
appropriate, sector-specific guidance as to the technical requirements of human rights due
diligence in different operating contexts.
Overcoming financial obstacles to private law claims
Policy objective 15: Claimants in cases arising from business-related human rights
abuses have access to diversified sources of litigation funding.
15.1 States prioritize the provision of State funding to claimants who are able to show
financial hardship, and ensure that such funding is available on transparent and nondiscriminatory terms, taking into account gender issues and the particular needs of
individuals or groups at heightened risk of vulnerability or marginalization.
15.2
The domestic legal system permits and encourages pro bono legal services.
15.3 Rules of civil procedure provide for the possibility of collective redress mechanisms
in cases arising from business-related human rights abuses, the criteria for which are clearly
expressed and consistently applied.
15.4 The domestic legal system permits a range of private funding arrangements, such as
funding by third party litigation funders, firms of solicitors (e.g. pursuant to contingency
fee and/or “success fee” arrangements) and providers of litigation insurance.
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