Oral Statement by FIAN International, Franciscans International, CCFD-Terre Solidaire and Society for International Development on Lessons learned and challenges to access to remedies
Author: FIAN International, Franciscans International, CCFD-Terre Solidaire and Society for International Development, Published on: 28 October 2016
...The right to an effective remedy and to reparation in its different forms is guaranteed in international law in a variety of instruments of international human rights law. The possibility to access effective remedies in cases of violations is an integral element of any other human rights and a general principle of law to which States are bound.
An effective remedy implies to have access to an indepedent authority that has power to order the cessation of proven violations, to order its cessation and to provide for effective remedial measures and full reparation, that is gender sensitive and take into account the culture of indigenous peoples, including satisfaction and guarantee of non-repetition. For this to happen, a very fundamental factor is the existence of a judiciary that is independent and know human rights that they are to uphold.
Yet, the cases and examples of situations that have been shared with the Working Group all through the week, confirm, if needed, that obstacles that victims of abuses of their rights by TNCs and OBEs face to access justice and effective remedies are most of the time insurmountable...