Figure 6: Access to remedy
State based
non-judicial grievance
mechanisms e.g. labour
inspectors, labour
mediation, OECD National
Contact Points
ES
E
D
AC
C
Y
State based judicial
grievance mechanisms
e.g. courts
S TO RE M
Company
operational grievance
mechanisms and
multi-stakeholder
initiatives e.g. worker
hotlines, complaints
processes,
whistleblower
processes
Remedy for an adverse human rights impact
The primary aim of human rights due diligence is
should
providing
prevention and mitigation, whereas remediation
the remedy, and the offer of something to
is a response to something that has already
counteract, or make good, the adverse impact.135
happened. Even with the most comprehensive
Remediation can be achieved through a number
due diligence process, a business may still cause
of avenues, including restitution, compensation,
or contribute to an adverse human rights impact.
satisfaction, rehabilitation, and guarantees of
When this happens, that business must provide
non-repetition.136 It is critical to listen to the
remediation for this impact on human rights.137
include
the
process
of
impacted individual or community to ensure
that their needs are met and the harm they have
suffered is restored.
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