Guaranteeing Access to Remedies for Business-Related Human Rights Abuses: Role of NHRIs

20 Pages Posted: 10 Aug 2020

See all articles by Claire Methven O'Brien

Claire Methven O'Brien

University of Dundee - Dundee Law School; University of Strathclyde - Strathclyde Business School

Tom Pegram

University College London

Date Written: March 2, 2016

Abstract

This paper considers the contribution to remediation of business-related human rights abuses of National Human Rights Institutions (NHRIs). Section 2 considers definitions of “remedy” under human rights law, and under the UN Guiding Principles on Business and Human Rights (UNGPs), and how NHRIs can contribute to remedy so defined. Section 3 explores how far NHRIs have contributed to remediating business-related human rights abuses in practice, both through the exercise of formal legal powers, and through third-party mobilisation and agenda setting, drawing on cross-regional examples. Section 4 concludes. An Annex briefly reviews how NHRIs’ mandate and scope to provide remedy for human rights and business issues has been interpreted via the ICC, the UNGPs and other international and regional human rights bodies.

Keywords: business and human rights, human rights, national human rights institution, remedy

JEL Classification: K10, K20, K30, K33

Suggested Citation

Methven O'Brien, Claire and Pegram, Tom, Guaranteeing Access to Remedies for Business-Related Human Rights Abuses: Role of NHRIs (March 2, 2016). Available at SSRN: https://ssrn.com/abstract=3648211 or http://dx.doi.org/10.2139/ssrn.3648211

Claire Methven O'Brien (Contact Author)

University of Dundee - Dundee Law School ( email )

Park Place Scrymgeour Building
Dundee, DD14HN
United Kingdom

University of Strathclyde - Strathclyde Business School ( email )

United Kingdom

Tom Pegram

University College London ( email )

29/30 Tavistock Square
London, WC1H 9QU
United Kingdom
442031089291 (Phone)

HOME PAGE: http://www.ucl.ac.uk/spp/people/thomas-pegram

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