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- Title
The Right to a Remedy: How States Must Address the Barriers to Remedy Faced by Victims of Corporate Human Rights Violations.
- Authors
REYNOLDS, HART
- Abstract
The right to a remedy is a fundamental legal principle that should be available to all whose rights have been violated. Multinational corporations frequently operate through subsidiary companies in countries that have weak governance structures and judicial mechanisms. When these subsidiaries breach human rights, victims are often unable to receive a fair trial in the host state, and a number of legal and practical barriers prevent them from accessing remedies in the multinational corporation's home state. Although recent landmark decisions have begun to address these barriers, civil litigation and the judiciary alone are not enough. States must also act if the right to remedy is to be effectively upheld. I analyse the advantages and disadvantages of three courses of state action that have the potential to address these barriers. First, imposing human rights due diligence obligations; secondly, creating corporate criminal offences for human rights violations; and thirdly, creating a multilateral treaty to uphold the right to a remedy for corporate human rights abuse victims. Overall and in practice, imposing human rights due diligence obligations on large multinational corporations within their jurisdiction is the most effective way for states to address the barriers to remedy and ensure they uphold the right to a remedy.
- Subjects
HUMAN rights; LEGAL remedies; FAIR trial; INTERNATIONAL business enterprises; HUMAN rights violations; DUE diligence
- Publication
Te Mata Koi: Auckland University Law Review, 2021, Vol 27, Issue 1, p302
- ISSN
0067-0510
- Publication type
Article