A/HRC/50/56
mechanisms can offer relatively quick and inexpensive routes to remedying human rightsrelated harm. Moreover, well-designed and well-resourced non-judicial mechanisms offer an
accessible and relatively fast process, while drawing on technological expertise to analyse
and help resolve underlying or contributory problems, for instance relating to product design
or deployment. Depending on their mandates and capabilities, these mechanisms may be able
to devise, determine or negotiate a more creative, targeted, tailored and potentially
transformative set of remedies than might be obtained from other procedures.49
53.
For the time being, however, the coverage provided by these types of mechanisms
remains quite patchy, with certain rights, particularly protection of the right to privacy and
freedom of expression, receiving the greatest attention.
3.
Non-State-based grievance mechanisms (including company-based mechanisms)
54.
In guiding principle 28, States are called on to consider ways to facilitate access to
effective non-State-based grievance mechanisms dealing with business-related human rights
harms.50
55.
As with the State-based non-judicial mechanisms discussed above, these privately
operated mechanisms tend to be extremely diverse in terms of their design and operation, the
ways they can engage with affected individuals and communities and the kinds of remedies
they offer. In this context, the Guiding Principles highlight particularly those mechanisms
administered by a business enterprise alone or with stakeholders, by an industry association
or by a multi-stakeholder group (guiding principle 28).
56.
Multi-stakeholder and sector-level mechanisms can be particularly useful in contexts
where collaboration between business enterprises (for example, those connected by
commercial relationships within a supply chain) can help to facilitate the delivery of effective
remedies to affected people, for example by creating the basis for a more level playing field
between companies in terms of basic standards and expectations, or to aid the allocation of
responsibilities for providing remedies in complex cases. However, while a number of these
types of initiatives are presently in place or under development in other sectors (and notably
in the agricultural and garment sectors), within the technology sector most efforts to establish
privately operated initiatives for rapid resolution of human rights-related grievances have
taken place at the company level.51
4.
The remedy ecosystem for remedying technology-related harms
57.
The technology sector is presently subject to regulation by an increasingly complex
array of laws and standards, which can vary greatly in terms of their substantive and
geographical scope, making the remedy ecosystem incomplete and hard to navigate for
affected people and groups.52
58.
To ensure that people affected by business-related human rights abuses have a
“realistic and readily identifiable remedy pathway”,53 greater attention needs to be given to
the ways in which different remediation mechanisms and processes interact, in order to
highlight areas where greater coherence and interoperability between different types of
processes (for example, judicial and non-judicial) may serve to enhance access to remedies
by affected people and groups.
59.
Greater interoperability and coherence may be achieved, for instance, by providing
more and clearer opportunities for referral and escalation of grievances, or for pursuing
remedies for different aspects of more complex grievances through parallel proceedings.
Moreover, more creativity, innovation and collaboration are needed from State agencies and
49
50
51
52
53
On the role of national human rights institutions, see A/HRC/47/39/Add.3.
See https://www.ohchr.org/en/business/ohchr-accountability-and-remedy-project-iii-enhancingeffectiveness-non-state-based-grievance.
See https://www.ohchr.org/sites/default/files/2022-03/GlobalPartnersDigital-joint-submission-onbehalf-of-a-groupoforganizations.pdf#page=4.
See https://www.ohchr.org/sites/default/files/Documents/Issues/Business/B-Tech/access-to-remedyecosystem-approach.pdf.
Ibid.
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