Access to remedy through consensual processes

dc.contributor.authorGanson, Brianen_ZA
dc.identifier.citationGanson, B. (2018). Access to remedy through consensual processes. ACDS Working Paper Series 2018/2.
dc.descriptionCITATION: Ganson, B. (2018). Access to remedy through consensual processes. ACDS Working Paper Series 2018/2.
dc.description.abstractA growing number of non-judicial mechanisms purport to address the grievances of individuals and communities whose human rights may be adversely impacted by a business enterprise. Whether and how such mechanisms can provide effective remedy is a topic of substantial concern. The discussion becomes particularly pointed in the many contexts in which there is no meaningful access to judicial remedy, and therefore effective remedy depends fundamentally on the consent of the company to both the process and the outcome of a non-judicial mechanism. This discussion document intends to help advance this debate in constructive ways. It first draws on a variety of formal and informal inputs to explore common themes and questions that frequently arise in discussions of remedy for negative human rights impacts through non-judicial mechanisms, seeking to illustrate the logical relationships among them and to lay the ground for identifying a way forward in a complex debate. It then briefly explores two challenges that consent-based mechanisms face that appear fundamental: their inter-dependence with adjudicative mechanisms, and the necessity that stakeholders have confidence in both their processes and their outcomes on a sustainable basis. Moving from descriptive to prescriptive mode, the discussion document recommends exploration of the possible value of guidance on the evaluation of consent-based remedy systems and outcomes. It suggests that more structured scrutiny of systems design, systems outcomes and systems governance may be one way to increase accountability for effective remedy within non-judicial mechanisms, while respecting the need for stakeholders to sustainably implement mechanisms which they agree are appropriate to and legitimate within their particular context.en_ZA
dc.format.extent18 pages
dc.relation.ispartofseriesACDS Working Paper Series 2018/2
dc.subjectDispute resolutionen_ZA
dc.subjectHuman rightsen_ZA
dc.subjectBusiness rightsen_ZA
dc.subjectConflict managementen_ZA
dc.subjectEconomic developmenten_ZA
dc.titleAccess to remedy through consensual processesen_ZA
dc.typeWorking Paperen_ZA

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