A/HRC/32/19
6.
The experiences of those seeking remedy suggest that there remain serious
deficiencies in the implementation by many States of their international obligations with
respect to access to remedy. The right to an effective remedy for harm is a core tenet of
international human rights law. The obligations of States with respect to this right have
been reflected in the Guiding Principles on Business and Human Rights: Implementing the
Protect, Respect and Remedy Framework10 in terms of a “State duty to protect” against
business-related human rights abuses, of which providing access to an effective remedy is
an integral part.11
7.
Rectifying these deficiencies — which, in many cases, are rooted in wider social,
economic and legal challenges — will not be straightforward. It will require concerted and
multifaceted efforts from all States, encompassing actions relating to law reform and legal
development, improvements to the functioning of judicial mechanisms, law enforcement,
policy development and closer international cooperation. However, this is essential work
towards realizing the imperatives of accountability and remedy for business-related human
rights abuses.
II. Overview
A.
Background
8.
Of the three pillars of the Guiding Principles,12 endorsed in 2011 by the Human
Rights Council,13 the “Access to remedy” pillar14 has arguably received the least attention.
In 2013, to help redress this imbalance, OHCHR, as part of its mandate to advance the
protection and promotion of human rights globally, initiated a process aimed at helping
States strengthen their implementation of this third pillar, particularly in cases of severe
business-related human rights abuses.
9.
In its resolution 26/22, the Human Rights Council requested the Commissioner to
continue work on improving access to remedy and to report back to the Council. 15
10.
In November 2014, and pursuant to that mandate from the Human Rights Council,
OHCHR launched the Accountability and Remedy Project.16 An interim progress report was
submitted to the Council in June 2015.17
B.
Scope
11.
The Accountability and Remedy Project focused on substantive legal and practical
issues that have an impact upon the effectiveness of judicial mechanisms in achieving
corporate accountability and access to remedy in cases of business-related human rights
10
11
12
13
14
15
16
17
4
See A/HRC/17/31.
See note 2, above.
See A/HRC/17/31. The three “pillars” of the Guiding Principles are the “State duty to protect human
rights”, the “Corporate responsibility to respect human rights” and “Access to remedy”.
See Human Rights Council resolution 17/4.
See principles 25 to 31 of the Guiding Principles.
See Human Rights Council resolution 26/22, para. 7.
See www.ohchr.org/EN/Issues/Business/Pages/OHCHRstudyondomesticlawremedies.aspx.
A/HRC/29/39.
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