{"title":"多方利益攸关方倡议中的申诉机制:为侵犯人权行为提供有效补救?","authors":"J. Harrison, Mark Wielga","doi":"10.1017/bhj.2022.37","DOIUrl":null,"url":null,"abstract":"Abstract This article presents an empirical study of six grievance mechanisms in multi-stakeholder initiatives (MSIs). It argues that key characteristics of each grievance mechanism as well as the contexts in which they operate significantly affect human rights outcomes. However, even the most successful mechanisms only manage to produce remedies in particular types of cases and contexts. The research also finds that it is prohibitively difficult to determine whether ‘effective’ remedy has been achieved in individual cases. Furthermore, the key intervention by the UN Guiding Principles on Business and Human Rights (UNGPs), to prescribe a set of effectiveness criteria for designing or revising MSI grievance mechanisms, itself appears ineffective in stimulating better outcomes for rights-holders. Drawing on these findings, the article reflects on the future potential and limitations of MSI grievance mechanisms within broader struggles to ensure business respect for human rights.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.3000,"publicationDate":"2023-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Grievance Mechanisms in Multi-Stakeholder Initiatives: Providing Effective Remedy for Human Rights Violations?\",\"authors\":\"J. Harrison, Mark Wielga\",\"doi\":\"10.1017/bhj.2022.37\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract This article presents an empirical study of six grievance mechanisms in multi-stakeholder initiatives (MSIs). It argues that key characteristics of each grievance mechanism as well as the contexts in which they operate significantly affect human rights outcomes. However, even the most successful mechanisms only manage to produce remedies in particular types of cases and contexts. The research also finds that it is prohibitively difficult to determine whether ‘effective’ remedy has been achieved in individual cases. Furthermore, the key intervention by the UN Guiding Principles on Business and Human Rights (UNGPs), to prescribe a set of effectiveness criteria for designing or revising MSI grievance mechanisms, itself appears ineffective in stimulating better outcomes for rights-holders. Drawing on these findings, the article reflects on the future potential and limitations of MSI grievance mechanisms within broader struggles to ensure business respect for human rights.\",\"PeriodicalId\":9399,\"journal\":{\"name\":\"Business and Human Rights Journal\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":2.3000,\"publicationDate\":\"2023-01-16\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Business and Human Rights Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/bhj.2022.37\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"BUSINESS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Business and Human Rights Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/bhj.2022.37","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"BUSINESS","Score":null,"Total":0}
Grievance Mechanisms in Multi-Stakeholder Initiatives: Providing Effective Remedy for Human Rights Violations?
Abstract This article presents an empirical study of six grievance mechanisms in multi-stakeholder initiatives (MSIs). It argues that key characteristics of each grievance mechanism as well as the contexts in which they operate significantly affect human rights outcomes. However, even the most successful mechanisms only manage to produce remedies in particular types of cases and contexts. The research also finds that it is prohibitively difficult to determine whether ‘effective’ remedy has been achieved in individual cases. Furthermore, the key intervention by the UN Guiding Principles on Business and Human Rights (UNGPs), to prescribe a set of effectiveness criteria for designing or revising MSI grievance mechanisms, itself appears ineffective in stimulating better outcomes for rights-holders. Drawing on these findings, the article reflects on the future potential and limitations of MSI grievance mechanisms within broader struggles to ensure business respect for human rights.
期刊介绍:
The Business and Human Rights Journal (BHRJ) provides an authoritative platform for scholarly debate on all issues concerning the intersection of business and human rights in an open, critical and interdisciplinary manner. It seeks to advance the academic discussion on business and human rights as well as promote concern for human rights in business practice. BHRJ strives for the broadest possible scope, authorship and readership. Its scope encompasses interface of any type of business enterprise with human rights, environmental rights, labour rights and the collective rights of vulnerable groups. The Editors welcome theoretical, empirical and policy / reform-oriented perspectives and encourage submissions from academics and practitioners in all global regions and all relevant disciplines. A dialogue beyond academia is fostered as peer-reviewed articles are published alongside shorter ‘Developments in the Field’ items that include policy, legal and regulatory developments, as well as case studies and insight pieces.