ABSTRACT

Chapter 13 examines the third arm of Professor Ruggie’s Framework: the need for victims of corporate human rights abuses to have access to effective remedy. It discusses the implications of UN Guiding Principle 22, including when a corporation should provide remediation for its involvement in human rights impacts: namely, when it identifies that it has caused or contributed to adverse impacts. Chapter 13 outlines the different forms of State-based and non-State-based remedy processes available, and the different kinds of outcomes they can provide for victims. Some of the benefits of non-State-based (or operational-level grievance) mechanisms are canvassed, including their speed, reduced costs compared to litigation, and ability to enable businesses to address grievances early and directly, thereby preventing grievances from escalating. Lastly, based on UN Guiding Principle 31, the chapter describes the essential criteria for effective non-judicial grievance mechanisms (both State-based and non-State-based).