Implementing Action

Back Mapping of State-based judicial and non judicial remedy mechanisms

To support the Belgian government in the implementation of legislative or administrative measures to reinforce the Third Pillar of the UNGPs, and to clarify the situation for individuals and stakeholders, a mapping study of State-based judicial and non-judicial mechanism was commissioned by the Federal Institute for Sustainable Development (IFDD) commissioned, undertaken by the University of Antwerp.

The project sought to map State-based judicial mechanisms and State-based non-judicial mechanisms, and to identify the barriers to access to effective remedy.

It consisted of three parts:

  • A mapping of the procedural and material aspects of available judicial and non-judicial mechanisms for victims of business-related human rights violations or for other stakeholders (NGOs, business, etc.) that fulfill the parameters given by the UNGPs.

This mapping considered rights holders (actual or potential victims of business related human rights violations); duty bearers that should prevent or manage actual or potential business related human rights abuses; and the role of other stakeholders such as NGOs (to advocate rights of victims but also of vulnerable individuals, not only in Belgium).

  • A subsequent evaluation of the mapped mechanisms to identify the obstacles (limitations or gaps at the legal, financial, administrative or procedural level) that may obstruct or complicate the effective use of these remedies by victims.

View the Study View the Conclusions and Recommendations

  • A brochure that includes the main findings of the first and second part. The brochure aims at making essential information available to all stakeholders (victims, businesses, NGOs, trade unions, etc.) concerning (i) State mechanisms that can be used to obtain remedy for business-related human rights abuses; (ii) the duties of the stakeholders; and (iii) available judicial and non-judicial ways for their enforcement and compliance. 

View the Brochure

Belgium 2017
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