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mechanisms, those affected are directly involved in seeking remedy; in
others, an intermediary seeks remedy on their behalf. Examples include
the courts (for both criminal and civil actions), labour tribunals, national
human rights institutions, National Contact Points under the Guidelines for
Multinational Enterprises of the Organisation for Economic Co-operation
and Development, many ombudsperson offices, and Government-run
complaints offices.
Ensuring access to remedy for business-related human rights abuses
requires also that States facilitate public awareness and understanding of
these mechanisms, how they can be accessed, and any support (financial
or expert) for doing so.
State-based judicial and non-judicial grievance mechanisms should
form the foundation of a wider system of remedy. Within such a system,
operational-level grievance mechanisms can provide early stage recourse
and resolution. State-based and operational-level mechanisms, in turn, can
be supplemented or enhanced by the remedial functions of collaborative
initiatives as well as those of international and regional human rights
mechanisms. Further guidance with regard to these mechanisms is provided
in Guiding Principles 26 to 31.
B. Operational principles
State-based judicial mechanisms
26.
States should take appropriate steps to ensure the effectiveness of
domestic judicial mechanisms when addressing business-related human
rights abuses, including considering ways to reduce legal, practical and
other relevant barriers that could lead to a denial of access to remedy.
Commentary
Effective judicial mechanisms are at the core of ensuring access to remedy.
Their ability to address business-related human rights abuses depends on
their impartiality, integrity and ability to accord due process.
States should ensure that they do not erect barriers to prevent legitimate
cases from being brought before the courts in situations where judicial
recourse is an essential part of accessing remedy or alternative sources of
effective remedy are unavailable. They should also ensure that the provision
Select target paragraph3
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