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© United Nations Human Rights Office of the High Commissioner1 Access to remedy and the technology sector: a “remedy ecosystem” approach A B-Tech Foundational Paper OVERVIEW At its most fundamental level, business and human rights is a systems change project. (...) The “remedy ecosystem” approach recognises that there are many points of interconnection between different laws, policies, institutions, mechanisms and actors that are relevant to whether or not people will receive remedies for harm. (...) Effective judicial mechanisms are a critical element of any well-functioning remedy ecosystem. TWO The key characteristics of a well-functioning remedy ecosystem are explored and explained in the UNGPs.
Language:English
Score: 892847 - https://www.ohchr.org/sites/de...-remedy-ecosystem-approach.pdf
Data Source: un
The substantive aspects of remedy refer to the outcomes of a remedial process. (...) In other words, providing a mechanism through which a remedy can be sought is not the same as providing a remedy itself. (...) However, this is not to imply that all kinds of remedies must be available in all cases. Few remediation mechanisms have the power or ability to deliver the full range of remedies that are recognised by international law.
Language:English
Score: 888490.2 - https://www.ohchr.org/sites/de...dy-concepts-and-principles.pdf
Data Source: un
The central theme of the 2017 UN Forum is “Realizing Access to Effective Remedy”. The Forum will address the critical issue of access to remedy by examining systemic flaws and shortcomings in existing efforts and reviewing emerging good practices and innovations, with a view to achieving greater coherence and committed action in the service of human rights and rights-holders. (...) Discussions linked to the remedy theme – reflecting the complexity and breadth of issues related to implementation of the Guiding Principles’ third pillar – will include topics such as:  Mapping the landscape of grievance mechanisms  Trends and challenges in seeking access to remedy in different regions  Exploring elements of effective remedy, including through the perspectives of victims  Experiences of indigenous peoples in seeking access to remedy  Trends in supply chain related regulation and litigation  Global governance frameworks trends and innovations for leveraging more effective access to remedy  Exploring collaborative approaches in industry and multi-stakeholder initiatives to strengthen access to remedy  Using leverage to advance access to remedy through business relationships by exploring innovations of the ILO MNE Declaration  National action plans (NAPs) and access to remedy  Access to remedy and the proposed legally binding instrument  The State-business nexus and access to remedy  The international investment regime and access to remedy  Improving effectiveness of State-based judicial and non-judicial mechanisms  Lessons from cross-border cases and efforts to strengthen cross-border law enforcement collaboration  Lessons from State-based peer review processes for strengthening access to non-judicial remedy  How to make operational-level grievance mechanisms work  The power of stakeholder dialogue and company-community-government engagement to achieve access to remedy for victims  Remedy in post-conflict and transition contexts  Addressing access to remedy in the digital age  Technology platforms and access to remedy in complex supply chains  Exploring pro bono legal support to affected stakeholders  Role of benchmarks in driving access to remedy  The role of investors in driving better remediation in supply chains  Access to remedy and the corporate board room  The role of corporate counsel in the context of human rights disputes  Roles and perspectives of human rights defenders  Migrant workers and access to remedy  Children at risk and access to remedy  Access to remedy for women affected by large-scale investments  Access to remedy for women affected by sexual abuse in the workplace  Compensation for victims of industrial supply chain accidents  Access to remedy and efforts to address modern slavery in supply chains  Role of mediation in achieving effective access to remedy  Independent accountability mechanisms as forums to achieve effective remedy  The role of regional human rights systems The Forum plenary and other sessions will also address broader policy trends and consider the role of the business and human rights movement in today’s political and social contexts. (...) Moreover, the Forum will feature sessions for newcomers to become familiarized with the Guiding Principles – including an introduction to the “landscape” of remedy mechanisms – and how the Guiding Principles intersect with the SDGs.
Language:English
Score: 887433.4 - https://www.ohchr.org/sites/de.../ForumSession6/ConceptNote.pdf
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The role and mandate of NHRIs in facilitating access to effective remedy for business-related human rights abuses 1. (...) If yes, what methods (e.g. mediation or conciliation) can be used to facilitate access to remedy for human rights abuses? 2. What types of remedies can your NHRI offer to individuals or communities affected by business-related human rights abuses? (...) What other measures does your NHRI undertake to facilitate access to remedy indirectly for business-related human rights abuses (e.g. raising awareness about rights and remedial mechanisms, providing legal assistance, building capacity of communities or businesses, assessing effectiveness of other grievance mechanisms, and recommending reform of the national legal system to strengthen access to remedy)?
Language:English
Score: 879839.3 - https://www.ohchr.org/sites/de...usiness/Remedy/CallNHRI_EN.pdf
Data Source: un
The right to effective remedy is well established and the corporate responsibility to respect all human rights includes respecting the right to remedy. (...) Absent very robust oversight, company involvement in remedy processes can result not in remedy but in an additional violation of rights. Other aspects of remedy are also affected by the lack of information.
Language:English
Score: 879707.7 - https://www.ohchr.org/sites/de...tion2010/AudreyGaughran_AI.doc
Data Source: un
The Working Group’s access to remedy work builds on and complement the OHCHR’s  Accountability and Remedy Project . (...) The report clarifies the interrelationship between the right to effective remedy, access to effective remedy, access to justice and corporate accountability. (...) Affected rights holders should be able to claim what may be termed a "bouquet of remedies" without fear of victimisation. The report also outlines what may be termed as an "all roads to remedy" approach to realising effective remedies, which implies that access to effective remedy is taken as a lens to guide all steps taken by States and businesses and that remedies for business-related human rights abuses are located in diverse settings.
Language:English
Score: 879464.7 - https://www.ohchr.org/en/speci...ures/wg-business/access-remedy
Data Source: un
The process of seeking a remedy should be an empowering experience. 2. Remediation mechanisms that respond well to the needs of affected people and groups are more likely to be trusted and used. 3. (...) “FOUR”). 7 See B-Tech foundational paper ‘Access to remedy and the technology sector: a “remedy ecosystem” approach’ people may face in initiating a remedial process (see “SIX” below). (...) Beyond the challenges involved in identifying a relevant and realistic pathway to remedying human rights harms,11 affected people can face many additional barriers to remedy.
Language:English
Score: 878370.9 - https://www.ohchr.org/sites/de...ives-needs-affected-people.pdf
Data Source: un
See also B-Tech foundational paper ‘Access to remedy and the technology sector: basic concepts and principles’ (esp. (...) This paper should be read in conjunction with the other foundational papers in this B-Tech series, in particular The UN Guiding Principles in the Age of Technology, and the following three additional papers focused on “access to remedy”: – Access to remedy and the technology sector: basic concepts and principles; – Access to remedy and the technology sector: a “remedy ecosystem” approach; and – Access to remedy and the technology sector: understanding the perspectives and needs of affected people and groups. (...) FIVE The importance of a “remedy ecosystem” approach, and the main components of the “remedy ecosystem” for the technology sector, are discussed in the B-Tech paper “Access to remedy and the technology sector: a “remedy ecosystem” approach”.31 As noted in other papers in this series, there are many factors beyond the operation of company- based grievance mechanisms themselves—e.g. the strength of legal protections for whistleblowers, Recognising the possibilities for collaborative approaches The importance of a “remedy ecosystem” approach The strategies needed to address risks of retaliation will be context dependent, though they could comprise suitable organizational policies (e.g.
Language:English
Score: 877204.5 - https://www.ohchr.org/sites/de...based-grievance-mechanisms.pdf
Data Source: un
Therefore, merely providing access to effective remedial mechanisms will not suffice: there should also be effective remedies in practice at the end of the remedial process. States must establish such remedial mechanisms that can deliver effective remedies. (...) The freedom from fear of victimization in seeking remedies is an integral component of access to effective remedies.
Language:English
Score: 877179.1 - https://www.ohchr.org/sites/de...ss/ForumSession6/SuryaDeva.pdf
Data Source: un
The OHCHR Accountability and Remedy Project Since 2014, the UN Human Rights Council has made several requests to OHCHR to work to improve access to remedy for victims of business-related human rights abuses through enhancing the effectiveness of both judicial and non-judicial mechanisms.3 The work done in response to these requests has been come to be known as the Accountability and Remedy Project (ARP). (...)  How can civil society work with NHRIs to improve remedy-seekers’ ability to obtain effective remedies through private grievance mechanisms? (...)  Are there any situations in which it would be appropriate to ask remedy- seekers to waive their rights to seek further legal remedies?
Language:English
Score: 876821.8 - https://www.ohchr.org/sites/de...tationConceptNoteandAgenda.pdf
Data Source: un