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Remedy

Both states and companies have roles to play in ensuring that victims of business-related human rights abuses have access to effective remedy. Remedy means putting right any harm caused to people.

Pillar III: Access to Remedy

Even where states and business do their best to implement the Guiding Principles, negative human rights impacts may still result from a company’s operations. Therefore, affected people need to be able to seek redress through effective judicial and non-judicial grievance mechanisms. The third pillar of the Guiding Principles sets out such mechanisms can be strengthened by both states and businesses:

  • As part of their duty to protect, states must take appropriate steps to ensure that when abuses occur, victims have access to effective judicial and non-judicial state-based grievance mechanisms;
  • Non-state-based grievance mechanisms should complement state-based mechanisms. This includes mechanisms at the operational level (meaning that companies are involved in implementing them), at a national level, or as part of multistakeholder initiatives or international institutions;
  • All non-judicial grievance mechanisms should meet key effectiveness criteria by being legitimate, accessible, predictable, equitable, transparent, rights-compatible, a source of continuous learning, and (in the case of operational-level mechanisms) based on dialogue and engagement.


Handling and Resolving Local-Level Concerns and Grievances

December 2019 | Lloyd Lipsett | International Council on Mining and Metals

Shift worked with ICMM in 2018 and 2019 to update the guidance they provide to their members on how to put in place effective operational-level grievance mechanisms, in line with the effectiveness criteria of the UN Guiding Principles. Our role included co-facilitating workshops with ICMM members; developing case studies with the support of ICMM members and inputting into the new guidance.

Rethinking Remedy & Responsibility in the Financial Sector

May 2019 | David Kovick

Senior Advisor David Kovick explains Shift's ecosystem approach to remedy, and how financial institutions can benefit from incorporating it to close the gap with traditional approaches.

Addressing Sector-Wide Risks Through Negotiated Covenants in the Netherlands

May 2019 | Partners: Dutch Ministry of Foreign Affairs; Social and Economic Council of the Netherlands

Shift is supporting the Dutch Ministries of Foreign Affairs and Economic Affairs as part of a process to engage leading Dutch business sectors in developing sector-based covenants to address “international CSR” risks.

Supporting Financial Institutions to Implement the Guiding Principles

August 2016 | Partners: public and private financial institutions, including individual export credit agencies, development finance institutions and private banks

We're working directly with financial institutions and policymakers to build understanding of how the UN Guiding Principles can help financial institutions better manage risks to people arising from the projects and clients that they finance.

Corporate Accountability for Human Rights Abuses: A Guide for Victims and NGOs on Recourse Mechanisms

May 2016 | International Federation for Human Rights (FIDH)

This comprehensive guide is designed to help victims, their representatives and civil society organizations seek justice for victims of human rights abuses involving multinational corporations.

Improving Accountability and Access to Remedy for Victims of Business-Related Human Rights Abuse

May 2016 | UN High Commissioner for Human Rights; UN Human Rights Council

This report, issued by the UN High Commissioner for Human Rights, sets out guidance for states to improve access to judicial remedy for victims of business-related human rights abuses.

“For the Game. For the World.” FIFA and Human Rights

April 2016 | John G. Ruggie; Corporate Responsibility Initiative, Harvard Kennedy School

This independent report by former Special Representative John Ruggie and Shift recommends how global football body FIFA needs to manage the far-reaching human rights risks associated with its activities and relationships.

How to Do Business With Respect for Children’s Right to Be Free From Child Labour

December 2015 | Shift; International Labour Organization, International Organisation of Employers

This comprehensive guidance covers all aspects of implementing the Guiding Principles for companies, specifically focused on eliminating child labor.

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