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Article

30 Mar 2020

Author:
Nora Götzmann & Sébastien Lorion, Danish Institute for Human Rights

Danish Institute for Human Rights publishes report exploring how national human rights institutions facilitate access to remedy

"National human rights institutions and access to remedy in business and human rights," 25 March 2020

This two-part report examines the role of national human rights institutions (NHRIs) in facilitating access to effective remedy in the context of business and human rights... NHRIs’ ability to work on access to remedy in BHR is facilitated through a broad NHRI mandate, the formal inclusion of BHR in the NHRI mandate and assigning the corresponding resourcing, including financial and staff capacity... [I]t is observed that while having a complaints-handling function can facilitate important contributions to access to remedy in BHR, it is important that such a function is balanced with addressing systemic human rights abuses through actions such as monitoring, advisory work, own motion investigations, inquiries, research, education and other measures.

... On the topic of enforceability of remedies, most NHRIs contributing to the analysis indicated that they can only offer non-legally binding remedies. While the effects of making recommendations, provision of legal aid, release of public statements and other strategies by NHRIs should not be underestimated, limited enforcement powers poses significant risks to rights-holders...