31.12.2020

A report from the EU Agency for Fundamental Rights (FRA), Business and human rights – access to remedy, looks at the realities victims face when they seek redress for corporate human rights abuses.

Holding big business responsible for human rights violations is difficult, and many victims never get justice. The report shows that in cases brought by individuals against corporations, there is an imbalance in the judicial equality of arms. Rules on the burden of proof are a major hurdle, as are stringent requirements relating to accessing documents. Collective redress and representation by statutory human rights bodies and civil society organisations can help counter power imbalances, but are only permitted in limited circumstances. Legal aid is not always available. Cross-border cases are especially difficult to resolve. The report recommends, among other things, the strengthening of non-judicial mechanisms and preventive measures, such as due diligence obligations and impact assessments that explicitly address human rights issues.

The comparative report is based on country studies prepared by FRA’s research network, FRANET, as well as interviews of business and human rights experts and practitioners in Finland, France, Germany, Italy, the Netherlands, Poland, Sweden and the United Kingdom in 2019 and 2020. The country study on Finland was prepared by the researchers at the Institute for Human Rights at Åbo Akademi University.