A/HRC/14/27
rights due diligence, by itself, should automatically and fully absolve a company from
Alien Tort Statute or similar liability.45
D.
Summing up
87.
Just as “the duty to protect” provides guidance to States on how to achieve greater
policy coherence and effectiveness with regard to business and human rights, so “the
corporate responsibility to respect” provides companies with a pathway for managing
human rights risks effectively. It identifies critical lacunae in legal compliance issues and
leads to a due diligence process whereby companies become aware of and address the
human rights harm they cause. At the same time, it can inform efforts by other actors,
including States and civil society, to facilitate and ensure that companies respect rights.
V.
Access to remedy
88.
In resolution 8/7, the Council underscored the need for “enhancing access to
effective remedies available to those whose human rights are impacted by corporate
activities” and asked the Special Representative to “explore options and make
recommendations”.
89.
He has focused on three types of grievance mechanisms that can provide avenues for
remedy: company-level mechanisms and both non-judicial and judicial State-based
mechanisms. He has also examined how these can be complemented by initiatives
undertaken by industry bodies, multi-stakeholder groups, international organizations and
regional human rights systems.
90.
A grievance is understood here as a perceived injustice evoking an individual’s or a
group’s sense of entitlement, which may be based on law, explicit or implicit promises,
customary practice, or general notions of fairness that may differ from standard economic
and bureaucratic rationales.
A.
Company-level
91.
Successful companies do not wait for employee or consumer complaints to be
lodged with external complaints bodies or the courts. They have established means for
dealing with a variety of grievances in order to retain customer loyalty, maintain employee
morale and sustain their reputation as responsive and responsible enterprises. These do not
preclude individuals from recourse to State-based mechanisms, nor should they undermine
trade union representation and collective bargaining arrangements. They can be important
complements; however, such mechanisms remain underdeveloped in the human rights
domain.46
92.
As noted, grievance mechanisms perform two key functions regarding the corporate
responsibility to respect. First, they serve as early warning systems, providing companies
with ongoing information about their current or potential human rights impacts from those
impacted. By analysing trends and patterns in complaints, companies can identify systemic
problems and adapt their practices accordingly. Second, these mechanisms make it possible
45
46
18
This has been proposed by Lucien J. Dhooge, “Due Diligence as a Defense to Corporate Liability
Pursuant to the Alien Tort Statute”, vol. 22, 2008, Emory International Law Review, p. 455.
All grievance mechanisms need to separate legitimate from vexatious claims; human rights are no
different in this respect.
GE.10-12629
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