On December 4, 2013, the International Corporate Accountability Roundtable (ICAR), CORE, and the European Coalition for Corporate Justice (ECCJ) launched “The Third Pillar: Access to Judicial Remedies for Human Rights Violations by Transnational Business.” The Report was researched and written by Professor Gwynne Skinner, Professor Robert McCorquodale, Professor Olivier De Schutter, and Andie Lambe, all international experts on business and human rights. The Report was launched in conjunction with the United Nations Second Annual Forum on Business and Human Rights.
The Authors developed this Report by gathering information through a series of research consultations, as well as some independent research. The consultation participants included those in legal practice and non-governmental organizations (both lawyers and non-lawyers), legal academics, as well as senior retired judges and experienced consultants in this area.
This Report shows that, two years from the universal endorsement of the UN Guiding Principles on Business and Human Rights, States are failing in their obligation to ensure access to effective judicial remedies to victims of human rights violations by businesses operating outside their territory. It identifies and analyzes the most significant barriers to effective judicial remedy in the United States, Canada, and Europe, setting out detailed recommendations for the actions States should take to address the issue.