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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.


Guidance for Companies on Respecting the Human Rights to Water and Sanitation

January 2015 | Shift and Pacific Institute; UN Global Compact CEO Water Mandate

This comprehensive guidance covers all aspects of implementing the Guiding Principles for companies, specifically focused on the rights to water and sanitation.

Building the Capacity of OECD National Contact Points

October 2014 | Partners: Consensus Building Institute

Over a period of several years, Shift supported several National Contact Point systems to help them better fulfill their role as part of the OECD Guidelines for Multinational Enterprises.

Global Perspectives on the Responsibility to Respect

October 2014 | Partners: Oxfam, Global Compact Network Netherlands

This collaboration looks at how companies in emerging economies are implementing the Guiding Principles.

Remediation, Grievance Mechanisms and the Corporate Responsibility to Respect Human Rights

May 2014 | Shift

This resource reviews what companies are expected to do to provide remedy when human rights impacts have already occurred, whether in their own operations or in their value chains, in line with the Guiding Principles.

Supporting Effective Factory-Level Grievance Mechanisms With the Better Work Programme

December 2013 | Partners: Better Work Programme, International Labour Organization

In collaboration with the ILO's Better Work Programme, Shift developed a manual for Enterprise Advisors to integrate guidance on effective factory-level grievance mechanisms into the support that Better Work provides to factories.

The OECD Guidelines for Multinational Enterprises: Trade Union Guide

July 2013 | Trade Union Advisory Committee to the OECD

This guide, authored by the Trade Union Advisory Committee to the OECD, is designed for trade unions and provides an overview of the Guidelines and how trade unions can make use of them.

European Commission Sector Guides on Implementing the Guiding Principles

June 2013 | European Commission; Shift and Institute for Human Rights and Business

These three comprehensive guidance documents cover all aspects of implementing the Guiding Principles for companies in three sectors: information and communication technologies (ICT), oil and gas and employment and recruitment.

Dispute or Dialogue? Community Perspectives on Company-Led Grievance Mechanisms

May 2013 | Emma Wilson and Emma Blackmore; International Institute for Environment and Development

This book explores the use and impact of company-community grievance mechanisms in the oil and gas, forestry, and mining sectors through a series of practical case studies.