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B-Tech foundational paper | Access to remedy and the technology sector: a "remedy ecosystem" approach

... Well-functioning remedy ecosystems depend, for their existence and development, on a diverse range of actors. As the ultimate guarantor and protector of human rights, States clearly play a pivotal role. However, the manner in which technology companies implement their “corporate responsibility to respect human rights” can also have a considerable bearing on the way a remedy ecosystem performs in practice. Other important actors include regulators, equality bodies, data protection bodies, national human rights institutions, various complaints handling, mediation and dispute resolution bodies (e.g. ombudsperson services and national contact points under the OECD Guidelines for Multinational Enterprises) and civil society organisations.

A “remedy eco-system” approach encourages all actors (whether public or private) to:

–Understand and take account of the interactions between different kinds of remedial mechanisms in the way these mechanisms are designed, operated and used

–Strive for a more coherent, less fragmented, and more easily navigable remedy landscape; and

–Consider the contributions they can make—individually and collectively—to address gaps in, and generally, to enhance the functioning of, the remedy ecosystem in which they operate

... HEADLINES

1. States should adopt a holistic and “systems-based” approach to the design and evaluation of relevant legal regimes, institutions and remedial mechanisms.

2. Effective judicial mechanisms are a critical element of any well-functioning remedy ecosystem.

3. Technology companies have an important and multi-faceted role to play in the maintenance and development of well-functioning remedy ecosystems.

4. More creativity, innovation and collaboration is needed from State agencies and technology companies to respond to human rights challenges raised by the “borderless” online world that technologies have helped to bring about.

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