Effective Human Rights Remediation and Grievance Mechanisms

About this workshop

This masterclass will provide participants with an understanding of human rights remediation as defined under the UN Guiding Principles (UNGPs) and increasing national and European legislation. It is critical for businesses to understand when they may be obliged to provide remediation and what forms it should take. Knowledge based on theory from international standards and legislation will be shared alongside practical case studies in this interactive session to address these points. .

Details

  • Online only
  • All Levels
  • Modules: 1
  • Study: 0
  • Duration: 3 hours
  • £475 (excl. VAT)
Wednesday 3rd July 2023 13:30 (GMT+1)

£475 excl. VAT

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Who's it suitable for?

Everyone. This workshop is a great introduction to anyone wanting to know more about the topic.

C-suite and directors. From HR and finance directors to CEOs, to ensure your legal responsibilities are covered.

Sustainability, environmental and ethical managers .

Compliance and legal. Perfect for lawyers, compliance officers and general counsel

Sustainability and ethical managers.

Academics and students.

Learning outcomes

01. Understand what remediation means in the context of the UNGPs and human rights due diligence legislation

02. Describe what measures constitute remediation and how these may vary in different contexts

03. Learn from real-life, best practice case studies implemented by businesses

04. Develop an understanding of the challenges businesses face in providing remediation

05. Learn what makes for an effective non-judicial grievance mechanism

06. Understand and apply the principles dictating when a business will be expected to provide or cooperate in remediation


This workshop will provide businesses with a practical understanding of human rights remediation as defined under the UN Guiding Principles (UNGPs) and developing national and European legislation.

What this will cover

 

What is remediation under international standards and legislation?
  • NGPs 
  • OECD 
  • HRDD legislation (EU, Germany, Netherlands)   
  • What do remedies look like? 
    • mproved conditions for victims of corporate abuses 
    • Directly improved conditions for victims of corporate abuses  
    • Restitution and/or (non-)financial compensation for harms  
    • Punitive sanctions  
    • Guarantees of non-repetition  
    • A statement (ideally by the company, potentially by those administering the grievance mechanism)  
    • acknowledging wrongdoing 
Who has a duty to provide remedy? 
  • In the UNGPs, remedy provision is applicable to both State and businesses: The State obligation to protect human rights through remedy is outlined under Principles 25 to 28. Businesses’ responsibility to provide for access to remedy is found under Principles 29 and 30. Effectiveness criteria for all remedies under Pillar 3 of the UNGPs are listed under Principle 31. 
  • Judicial/ non-judicial remedies 
    • National Human Rights Institutions (NHRIs) + OECD National Contact Points (NCP) + Government agencies + Independent bodies + Labour tribunals + Ombudspersons + Government-run complaints offices 
Challenges for companies in providing remedy
  • They are difficult to maintain, especially for smaller companies  
  • Many complaints will be received that are not related to human rights issues  
  • They can undermine the role of trade unions in addressing labour-related disputes 
Grievance mechanisms  
  • Effectiveness criteria 
    • Legitimate: enabling trust from the stakeholder groups for whose use they are intended, and being accountable for the fair conduct of grievance processes  
    • Accessible: being known to all stakeholder groups for whose use they are intended, and providing adequate assistance for those who may face particular barriers to access  
    • Predictable: providing a clear and known procedure with an indicative timeframe for each stage, and clarity on the types of process and outcome available and means of monitoring implementation 
    • Equitable: seeking to ensure that aggrieved parties have reasonable access to sources of information, advice and expertise necessary to engage in a grievance process on fair, informed and respectful terms  
    • Transparent: keeping parties to a grievance informed about its progress, and providing sufficient information about the mechanism’s performance to build confidence in its effectiveness and meet any public interest at stake   
    • A source of continuous learning: drawing on relevant measures to identify lessons for improving the mechanism and preventing future grievances and harms 
  • According to the UNGPs, a grievance is a perceived injustice evoking an individual’s or a group’s sense of entitlement, which may be based on law, contract, explicit or implicit promises, customary practice, or general notions of fairness of aggrieved communities.  
  • Company-level grievance mechanisms are encouraged to operate through dialogue and engagement, rather than with the company acting as the adjudicator of its own actions.
When to provide remedy (UNGPs) 
  • Cause/ Contribute/ directly linked 
  • Leverage
Case studies 
  • HP – Recruitment fees 
  • Rana Plaza 
  • Samsung

Access to remedy for human rights abuses is a prerequisite for the full enjoyment of human rights. A remedy for abuse may include apologies, restitution, rehabilitation, financial or non-financial compensation and punitive sanctions, as well as efforts initiated to prevent future harm through, for example, injunctions or guarantees of non-repetition. 

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Why study with Ardea?

Doing the course will make you both more confident when talking about modern slavery and human rights and give you a deeper understanding.

You’ll learn the theory, see real-life case studies and get to grips with the legal parameters and how to apply them within your organisational setting.

Come away with strategies to ensure what you’ve studied has a lasting impact.

Who will deliver the masterclass?  

Colleen Theron, CEO of Ardea International will personally facilitate the workshop. Colleen is a tri-qualified solicitor with more than 25 years’ legal and commercial experience of working with businesses and NGOs across sectors at both strategic and operational level. She provides training at directorial and managerial levels on ESG issues, including environmental, human rights and modern slavery risks. 

Ask us anything. From simple queries to complex questions, we're always ready to chat with you. Give us a call. +44 (0) 1273 491423