State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 44
Paragraphe- Paragraph text
- States parties have the duty to take necessary steps to address these challenges in order to prevent a denial of justice and ensure the right to effective remedy and reparation. This requires States parties to remove substantive, procedural and practical barriers to remedies, including by establishing parent company or group liability regimes, providing legal aid and other funding schemes to claimants, enabling human rights-related class actions and public interest litigation, facilitating access to relevant information and the collection of evidence abroad, including witness testimony, and allowing such evidence to be presented in judicial proceedings. The extent to which an effective remedy is available and realistic in the alternative jurisdiction should be an overriding consideration in judicial decisions relying on forum non conveniens considerations. The introduction by corporations of actions to discourage individuals or groups from exercising remedies, for instance by alleging damage to a corporation’s reputation, should not be abused to create a chilling effect on the legitimate exercise of such remedies.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Type de paragraphe
- Other
- Paragraph focus
- Remedies
- Paragraph number
- 44
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Date added
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