A/HRC/32/19
such as patterns of inward and outward foreign direct investment, and takes relevant steps
to add to or improve such arrangements as necessary.
Policy objective 10: The State works through relevant bilateral and multilateral
forums to strengthen methods, systems and legal regimes relevant to cross-border
cases concerning business involvement in human rights abuses.
10.1 The State actively participates in bilateral, regional and multilateral initiatives aimed
at strengthening domestic legal responses to cross-border human rights challenges with a
business connection.
Public law sanctions and other remedies
Policy objective 11: Sanctions and other remedies that may be imposed following a
determination of corporate legal liability in cases of business-related human rights
abuse offer the prospect of an effective remedy for the relevant loss and/or harm.
11.1 Judicial bodies have the authority and ability, in law and in practice, to impose a
range of sanctions following a finding of corporate legal liability in cases of businessrelated human rights abuse, which may include financial penalties and/or non-financial
remedies, such as orders for restitution, measures to assist with the rehabilitation of victims
and/or resources, satisfaction (e.g. public apologies) and guarantees of non-repetition (e.g.
cancellation of operating licenses, mandated compliance programmes, education and
training).
11.2 In each case, the sanctions imposed on companies: (a) are proportional to the gravity
of the abuse and the harm suffered; (b) reflect the degree of culpability of the relevant
company (e.g. as demonstrated by whether the company exercised appropriate human rights
due diligence, the strength and effectiveness of the company’s legal compliance efforts, any
history of similar conduct, whether the company had responded adequately to warnings and
other relevant factors); (c) are designed in such a way as to minimize the risks of repetition
or continuation of the abuse and/or harm; (d) are sufficiently dissuasive to be a credible
deterrent to that company, and others, from engaging in the prohibited behaviour; and
(e) take into account gender issues and the particular needs of individuals or groups at
heightened risk of vulnerability or marginalization.
11.3 To the extent possible, victims are appropriately consulted: (a) with respect to the
design and implementation of sanctions and other remedies; (b) with respect to any decision
to enter into a deferred prosecution agreement, and the terms of any such agreement; and
(c) with respect to the terms of any settlement. Such consultation takes into account gender
issues and the particular needs of individuals or groups at heightened risk of vulnerability
or marginalization.
11.4 State agencies and/or judicial bodies monitor the implementation of sanctions and
other remedies and ensure that there is an effective mechanism by which interested persons
can report and/or raise a complaint regarding and/or seek remedial action with respect to
any non-implementation of such sanctions and/or other remedies.
11.5 The domestic legal system does not permit the tax deductibility of amounts paid as
financial penalties following a determination of corporate legal liability for business-related
human rights abuses.
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