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III. Access to remedy
A. Foundational principle
25. As part of their duty to protect against business-related human rights
abuse, States must take appropriate steps to ensure, through judicial,
administrative, legislative or other appropriate means, that when such
abuses occur within their territory and/or jurisdiction those affected
have access to effective remedy.
Commentary
Unless States take appropriate steps to investigate, punish and redress
business-related human rights abuses when they do occur, the State duty to
protect can be rendered weak or even meaningless.
Access to effective remedy has both procedural and substantive aspects.
The remedies provided by the grievance mechanisms discussed in this
section may take a range of substantive forms the aim of which, generally
speaking, will be to counteract or make good any human rights harms that
have occurred. Remedy may include apologies, restitution, rehabilitation,
financial or non-financial compensation and punitive sanctions (whether
criminal or administrative, such as fines), as well as the prevention of
harm through, for example, injunctions or guarantees of non-repetition.
Procedures for the provision of remedy should be impartial, protected from
corruption and free from political or other attempts to influence the outcome.
For the purpose of these Guiding Principles, a grievance is understood
to be a perceived injustice evoking an individual’s or a group’s sense
of entitlement, which may be based on law, contract, explicit or implicit
promises, customary practice, or general notions of fairness of aggrieved
communities. The term grievance mechanism is used to indicate any
routinized, State-based or non-State-based, judicial or non-judicial process
through which grievances concerning business-related human rights abuse
can be raised and remedy can be sought.
State-based grievance mechanisms may be administered by a branch
or agency of the State, or by an independent body on a statutory
or constitutional basis. They may be judicial or non-judicial. In some
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