ABOUT THE SYSTEM OF REMEDIES FOR RIGHTS PROTECTION IN THE CONTEXT OF THE UN GUIDING PRINCIPLES ON BUSINESS AND HUMAN RIGHTS
Series "Law": Problems of modernization of economic legislation
Abstract
The presented paper, giving the reference to the 2030 Agenda for Sustainable Development aimed at transforming our world, underlines the internationally recognized foremost importance of human rights protection. The presently intensified economic globalization causes concerns in regard to responsibility of states and business entities to respect and safeguard human rights. Thus, the author presents the UN contribution into establishing the system of human rights remedies, that can and should be applied by states, subjects of economic activities and other stakeholders in order to
ensure the rights of individuals in case of the business-related abuses and violations. On the basis of the UN experience and the current international practices, being actively elaborated after the adoption of the UN Guiding Principles on Business and Human Rights of 2011, the author indicates the essence and the content of the legal phenomenon of the system of remedies for rights protection. In particular, the paper provides some specific characteristics of the State-based judicial, State-based non-judicial and non-State based non-judicial mechanisms for protecting human rights in business. The judicial remedies, being the basic, need to be more efficient; the international community calls for more profound development of the State-based non-judicial remedies, paying significant attention to the role of the national institutions for the promotion and protection of human rights, incl. Ombuds-institutions. The system of the non-State based non-judicial mechanisms is described as an evolving matter; business entities, especially transnational corporations, are to incorporate them into their policies and practice, to ensure their responsibility to respect human rights. The advantages and shortcomings of all the above mentioned mechanisms are described in general. The UN requirement towards states and businesses to provide a complex approach — "a bouquet of remedies" is presented, also as a recommendation for Ukraine. The suggested conclusions underline the importance of implementing in Ukraine the UN Guiding Principles on Business and Human Rights in the overall context of realization of the Sustainable Development Goals. This includes the necessity to integrate the UN Guiding Principles into the national policy, strategic and legal acts in a number of
areas, to establish a holistic and efficient system of remedies in cases of business-related human rights abuses and violations. The evident benefits for Ukraine and Ukrainians, provided the required international provisions are implemented, are identified.
Keywords
Sustainable Development Goals, United Nations Human Rights Council, protection of human rights in business, mechanisms for ensuring human rights protection, corporate responsibility to respect human rights, judicial system, national human rights institutions
Downloads
References
2. Human rights and transnational corporations and other business enterprises: UN Human Rights Council resolution A/HRC/RES/17/4 on 16 June 2011. URL: https://undocs.org/en/A/HRC/RES/17/4
3. The UN "Protect, Respect and Remedy" Framework for Business and Human Rights, 2008. URL: https://www.business-humanrights.org/sites/default/ files/reports-and-materials/Ruggie-protect-respect-remedy-framework.pdf
4. Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises, transmitted by the Secretary-General to the General Assembly; doc. A/72/162. URL: https://documentsdds-ny.un.org/doc/UNDOC/GEN/N17/218/65/PDF/N1721865.pdf?OpenElement
5. OHCHR Accountability and Remedy Project I: Enhancing effectiveness of judicial mechanisms in cases of business-related human rights abuse. URL: https://www.ohchr.org/EN/Issues/Business/Pages/ARP_I.aspx
6. Consultation Concept Note "Effectiveness of judicial remedy — from paper to practice". 2017 UN Forum on Business and Human Rights (28 November, Geneva). URL: https://www.ohchr.org/Documents/Issues/Business/PublicLawConsultationConceptNote.pdf
7. Improving accountability and access to remedy for victims of business-related human rights abuse through Statebased non-judicial mechanisms. Report of the United Nations High Commissioner for Human Rights, presented at Thirty-eighth session of the UN Human Rights Council on 18 June — 6 July 2018. URL: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G18/132/70/PDF/G1813270.pdf?OpenElement
8. OECD Watch Guide on Making OECD NCP Complaints. URL: https://www.oecdwatch.org/
9. Lopez Carlos. Human Rights Impact Assessment and the right to the effective remedy. Handbook on Human Rights Impact Assessment, edited by Nora Götzmann. Edward Elgar Publishing LTD, 2019. P. 390-405.
10. O’Brien C.M. Business and Human Rights. A Handbook for legal Practitioners, Strasbourg: Council of Europe, 2019.
11. The Action4Justice Business&human rights guide. URL: https://www.business-humanrights.org/en/new-action4justice-guide-%E2%80%9Cwhat-can-i-do-when-a-business-has-abused-my-rights%E2%80%9D#c199700
12. Access to Remedy. URL: https://www.somo.nl/topic/access-to-remedy/
13. Directory on Business and Human Rights Lawyers. URL: https://www.business-humanrights.org/en/corporatelegal-accountability/guidance-for-lawyers
14. The Edinburgh Declaration, adopted on 10 October 2010 by the Tenth International Conference of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights. URL: https://www.ohchr.org/Documents/AboutUs/NHRI/Edinburgh_Declaration_en.pdf
15. Business and human rights: improving accountability and access to remedy: Resolution adopted by the Human Rights Council on 6 July 2018 No. A/HRC/RES/38/13. URL: https://undocs.org/en/A/HRC/RES/38/13
16. Company policy statements on human rights. URL: https://www.business-humanrights.org/en/company-policystatements-on-human-rights
17. Enhancing effectiveness of non-State-based grievance mechanisms in cases of business-related human rights abuse.
Discussion Paper of 19 November 2019, prepared and published by the Office of the UN High Commissioner for
Human Rights. URL: https://www.ohchr.org/Documents/Issues/Business/ARP/ARPIII_Discussion_Paper_Nov2019.pdf
Abstract views: 432 PDF Downloads: 253
