🎯Principles of Centering Rights Holders

Rights holders should be central to the entire remedy process, including the question of the remedy’s effectiveness. Since rights holders are directly affected by the violation of their rights, redress processes must take both the rights holders and their suffering seriously.

Responsiveness to rights Holders

Redress mechanisms should be designed to adequately address the “diverse experiences and expectations of rights holders”.

No marginalised group is homogenous, as people have different identities, sometimes including multiple marginalized identities. For instance, trans women sex workers face stigma for both their gender expression as well as their profession. As such, an intersectional lens is important for the remedy process to be sensitive and responsive to the diverse and complex experiences of rights holders.

Rights holders should also be allowed to participate in the design of all remedies programs.

Effectiveness for rights holders

The key elements of an effective remedy - accessible, affordable, adequate, and timely - must be considered from the perspective of affected rights holders rather than the duty bearers or other entities. What is affordable for a state may not be affordable for private citizens, or non-citizens.

Protection against victimisation

Fear of retaliation because of lodging a complaint about a rights violation often deter rights holders from seeking remedies in the first place.

Bouquet of remedies

In some cases, multiple forms of remedy may be required to address a human rights violation suffered by certain rights holders, as no single remedy may be effective. At the same time, there is no one-size-fits-all solution to human rights violations. Different remedies may be needed in different situations. Rights holders should be able to seek, obtain, and enforce a variety of remedies.

Remedies should include restitution (reinstatement), compensation (in the form of money, goods, or services), and rehabilitation (medical and psychological care and other social services).

Additionally, remedies for civil damages and criminal sanctions should not be mutually exclusive.

Source - A/72/162: Report on access to effective remedy for business-related human rights abuses