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Determining Criteria to Evaluate Outcomes of Businesses’ Provision of Remedy: Applying a Human Rights-Based Approach

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  • THOMPSON, Benjamin

Abstract

The UN Guiding Principles on Business and Human Rights (GPs) expect businesses to participate in operational-level, non-judicial mechanisms to address the grievances of communities affected by their activities. While there is guidance on operational-level grievance mechanisms as to what constitutes an effective process, inquiries into the effectiveness of outcomes have been met with less success. This article identifies three key incongruities within the GPs regarding effective outcomes: (1) the broader interpretation of remedy within the Remedy Pillar compared to the Respect Pillar; (2) the novelty of enforcing human rights through dialogue and engagement as opposed to adjudication; and (3) the difficulty in reconciling objective human rights standards with the subjective preferences of the parties. It then aims to resolve these issues by applying a human rights-based approach: examining how empowerment of communities can act as the founding basis for understanding whether an outcome is effective. It concludes by examining the working of the Porgera Mine mechanism from this perspective.

Suggested Citation

  • THOMPSON, Benjamin, 2017. "Determining Criteria to Evaluate Outcomes of Businesses’ Provision of Remedy: Applying a Human Rights-Based Approach," Business and Human Rights Journal, Cambridge University Press, vol. 2(1), pages 55-85, January.
    • Handle: RePEc:cup:buhurj:v:2:y:2017:i:01:p:55-85_00
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    Cited by:

    1. Maximilian J. L. Schormair & Lara M. Gerlach, 2020. "Corporate Remediation of Human Rights Violations: A Restorative Justice Framework," Journal of Business Ethics, Springer, vol. 167(3), pages 475-493, December.
    2. Alysha Kate Shivji, 2024. "Rightsholder-Driven Remedy for Business-Related Human Rights Abuse: Case of the Fair Food Program," Journal of Business Ethics, Springer, vol. 193(2), pages 363-382, August.
    3. Anne TREBILCOCK, 2020. "The Rana Plaza disaster seven years on: Transnational experiments and perhaps a new treaty?," International Labour Review, International Labour Organization, vol. 159(4), pages 545-568, December.
    4. Rajiv Maher, 2022. "Deliberating or Stalling for Justice? Dynamics of Corporate Remediation and Victim Resistance Through the Lens of Parentalism: The Fundão dam Collapse and the Renova Foundation in Brazil," Journal of Business Ethics, Springer, vol. 178(1), pages 15-36, June.
    5. Wettstein, Florian & Giuliani, Elisa & Santangelo, Grazia D. & Stahl, Günter K., 2019. "International business and human rights: A research agenda," Journal of World Business, Elsevier, vol. 54(1), pages 54-65.

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