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10 Feb 2015

Access to Justice Project

NGO report on improving access to justice in EU for victims of business-related human rights abuses

“The EU’s business: recommended actions for the EU and its member states to ensure access to judicial remedy for business-related human rights impacts,” Dec 2014

…During 2013 and 2014, a dialogue took place amongst legal experts in Europe on how to tackle barriers to accessing justice by victims of business-related human rights abuses…This paper summarizes the outcomes of that dialogue…There are three major categories of existing barriers to justice. First, there are commonly significant financial and procedural burdens…Second, the implications of the “corporate veil”…Third, lack of clarity regarding the application of EU rules on private international law…Participants generally agreed that policy action in four areas is required to overcome these challenges: 1. Tackle financial and procedural burdens…2. Put in practice and clarify standards of human rights due diligence in civil justice systems across the EU…3. Clarify EU rules regarding private international law…4. The EU should exercise its convening powers to support the implementation by EU Member States of the third pillar of the UN Guiding Principles…[Also refers to Cape PLC, COMILOG (part of ERAMET), Shell, Total, Trafigura Beheer]