From Fault to Remedy: A Case for a Holistic Approach to Remedy within Business and Human Rights

ABSTRACT: Business and Human Rights is predicated on the idea that victims of a corporate human rights violation should have access to an effective remedy. What constitutes a remedy, and how to access it has been the source of much debate and research both within the field and beyond. Most recently, there is a drive towards holding corporations legally liable through ever increasing turns to mandatory human rights and environmental due diligence. Whereas this offers much, we worry at what cost. Specifically, we argue that this is an imperfect outworking of a flawed system built on the outdated idea that corporations could only be responsible for their legal liabilities. Instead, we urge a commitment to continued dialogue, to participation, to negotiations and discussions with all stakeholders in business operations that the origins of due diligence promised. As such, we propose that extra-legal remedies can be a constructive way forward in redressing corporate human rights violations that can encourage better compliance with legal norms.