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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.


Supporting the Norwegian OECD National Contact Point

January 2013 | Partners: Norwegian OECD National Contact Point

Shift provided support to the Norwegian National Contact Point as it underwent a formal peer review process in 2013 in line with the OECD Guidelines for Multinational Enterprises.

How to Use the UN Guiding Principles on Business and Human Rights in Company Research and Advocacy: A Guide for Civil Society Organisations

November 2012 | Mariƫtte van Huijstee, Victor Ricco, Laura Ceresna-Chaturvedi; Centre for Research on Multinational Corporations (SOMO), Center for Human Rights and Environment (CEDHA), Cividep India

This guide is authored by leading civil society organizations in Argentina, India and the Netherlands.

Respecting Human Rights Through Global Supply Chains

August 2012 | Shift

This resource examines how companies can implement the Guiding Principles throughout their supply chains, including identifying and prioritizing risks, using their leverage, understanding the role of auditing and supporting grievance mechanisms.

Corporate-Community Dialogue: Documentary Series

June 2012 | Corporate Responsibility Initiative, Harvard Kennedy School

This documentary series looks at how companies and communities have resolved disputes over corporate activities on three specific projects: an oil and gas facility in Nigeria, a mine in Peru and a hydropower project in the Philippines.

The Corporate Responsibility to Respect Human Rights: An Interpretive Guide

November 2011 | United Nations Office of the High Commissioner for Human Rights

This resource is the official guidance issued by the United Nations Office of the High Commissioner for Human Rights for implementers of the UN Guiding Principles on Business and Human Rights.

UN Guiding Principles on Business and Human Rights

June 2011 | John G. Ruggie; United Nations Office of the High Commissioner for Human Rights

This resource is the global authoritative standard on the business responsibility to respect human rights, unanimously endorsed by the UN Human Rights Council in 2011.

Piloting Principles for Effective Company-Stakeholders Grievance Mechanisms: A Report of Lessons Learned

May 2011 | Caroline Rees; Corporate Responsibility Initiative, Harvard Kennedy School

This comprehensive study of what constitutes effective operational-level grievance mechanisms was produced as part of the Ruggie mandate and was published by the UN Human Rights Council in 2011. Its findings are reflected in the Guiding Principles.

Embedding Rights Compatible Grievance Processes for External Stakeholders Within Business Culture

August 2009 | John F. Sherman III; Corporate Responsibility Initiative, Harvard Kennedy School

This resource summarizes key considerations for companies when creating an Integrated Conflict Management system to manage disputes with external stakeholders.