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consequences of the way judicial mechanisms are designed and operate,
individuals from groups or populations at heightened risk of vulnerability or
marginalization often face additional cultural, social, physical and financial
impediments to accessing, using and benefiting from these mechanisms.
Particular attention should be given to the rights and specific needs of
such groups or populations at each stage of the remedial process: access,
procedures and outcome.
State-based non-judicial grievance mechanisms
27. States should provide effective and appropriate non-judicial grievance
mechanisms, alongside judicial mechanisms, as part of a comprehensive
State-based system for the remedy of business-related human rights
abuse.
Commentary
Administrative, legislative and other non-judicial mechanisms play an
essential role in complementing and supplementing judicial mechanisms.
Even where judicial systems are effective and well-resourced, they cannot
carry the burden of addressing all alleged abuses; judicial remedy is not
always required; nor is it always the favoured approach for all claimants.
Gaps in the provision of remedy for business-related human rights abuses
could be filled, where appropriate, by expanding the mandates of existing
non-judicial mechanisms and/or by adding new mechanisms. These may
be mediation-based, adjudicative or follow other culturally appropriate
and rights-compatible processes – or involve some combination of these –
depending on the issues concerned, any public interest involved, and the
potential needs of the parties. To ensure their effectiveness, they should meet
the criteria set out in Principle 31.
National human rights institutions have a particularly important role to play
in this regard.
As with judicial mechanisms, States should consider ways to address any
imbalances between the parties to business-related human rights claims
and any additional barriers to access faced by individuals from groups or
populations at heightened risk of vulnerability or marginalization.
Select target paragraph3
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