The recently published ‘Business and human rights – access to remedy’ report by the EU Fundamental Rights Agency (FRA) finds that victims have difficulties seeking justice using existing routes through the courts or alternative non-judicial solutions. Business-related human rights abuses may fall under civil, criminal or administrative proceedings. They differ, each with their own specific needs requiring victims to seek justice differently. To address the imbalance and allow victims better access to effective remedies when harm occurs, FRA calls on the EU and Member States to shift the burden of proof; to enhance the use of collective redress or representative action; to financially and legally support CSO’s and court alternatives; to review legal aid rules and to clarify legal responsibility in cross border corporate rights abuse cases. Also, it is recommended that companies should be required to assess the human rights impact of their activities to minimise the risks of abuse.
6 Oct 2020