Edited by Nora Götzmann
Chapter 23: HRIA and the right to an effective remedy
Human rights impact assessment (HRIA) is an important tool for companies and states in the context of business operations as part of due diligence. While first and foremost a preventative tool, impact assessments may also be relevant for the processes of establishing the legal liability of companies for alleged abuses of human rights and in the processes available to victims to search for remedy and reparation. There is not one but several ways in which impact assessments relate to the right to an effective remedy. Impact assessments could be part of the test of fault or negligence, used as a positive defence by businesses or be considered as a factor in the sentencing stage. The performance by companies or states of impact assessments, whether required under the law or not, could be a right in itself and may also be subject to certain rules, the inobservance of which may raise the prospect of a legal challenge.
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