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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.


Protect, Respect and Remedy: A Framework for Business and Human Rights

April 2008 | John G. Ruggie; UN Human Rights Council

This report was submitted by John Ruggie to the UN Human Rights Council in 2008 and establishes the three-pillar framework for the Guiding Principles: protect, respect, remedy. It is not the Guiding Principles but helps to explain the rationale for them.

Mapping Grievance Mechanisms in the Business and Human Rights Arena

January 2008 | Caroline Rees, David Vermijs; Corporate Responsibility Initiative, Harvard Kennedy School

This report analyzes the existing grievance mechanisms from companies, industry groups, multistakeholder initiatives, national human rights institutions, national labor dispute systems, development banks and international institutions.