CEU Electronic Theses and Dissertations, 2023
| Author | Toporova, Ekaterina |
|---|---|
| Title | Business And Human Rights: Exploring Effective Remedies Under United Nations Guiding Principles And European Union Proposal For Corporate Sustainability Due Diligence Directive |
| Summary | This Capstone Thesis explores international and regional standards for effective alternative mechanisms in cases of human rights violations by businesses. The United Nations 'Guiding Principles on Business and Human Rights' (UNGP) established a foundation for understanding remedies beyond the judicial system, introducing grievance mechanisms at both state and non-state levels. The legislation of the European Union, particularly the proposed Directive on corporate sustainability due diligence, aligns with the UNGP principles but lacks clarity on effective remedies and criteria. This research investigates the effectiveness of the proposed mechanisms and their role in improving access to justice for victims of human rights violations. The analysis utilizes the criteria established by the Third Pillar of the UNGP to evaluate the proposed mechanisms. The study concludes that the UNGP has laid the groundwork for non-judicial mechanisms but highlights the need for clear provisions and descriptions of their roles to ensure effectiveness. The Directive's provisions exhibit gaps in assessing mechanism efficiency, potential barriers to justice for victims, and the lack of integration with existing redress mechanisms. |
| Supervisor | Maria-Jose Schmidt-Kessen |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2023/toporova_ekaterina.pdf |
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