Improving access to remedy in the area of business and human rights at the EU level

The Council of the EU requested this FRA Opinion in its Conclusions on business and human rights. The expert opinion sought from FRA was to look at “possible avenues to lower barriers for access to remedy at the EU level” – the third of three pillars of the UN Guiding Principles.

This FRA Opinion covers the areas of judicial and non-judicial remedies, as well as issues related to their effective implementation. Based on the analysis of these three areas, the following 21 specific opinions are clustered under six headings:

  1. Lowering barriers to make judicial remedies more accessible
  2. Enhancing the effectiveness of judicial remedies – especially in extraterritorial situations
  3. Ensuring effective remedies through criminal justice
  4. Ensuring effective non-judicial remedies – state based and non-state based
  5. Implementing access to remedy – transparency and data collection
  6. Implementing access to remedy – action plans, coordination and due diligence

Lowering barriers to access remedy would help victims of business-related human rights abuse to have their rights realised. Victims should, for instance, more easily be able to get assistance with how and where to bring a case, and should have a more level playing field with business to provide evidence. FRA’s findings from research in related areas suggest that more could be done to ensure effective access to remedy for business-related human rights abuse within the EU.