Beyond access – the potential of non-judicial grievance mechanisms to improve effective remedy for vulnerable groups in the field of Business and Human Rights

• Applicant: Professorin Dr. Ulla Gläßer
• Subject Area: Private Law
• Term: since 2023
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 533693272

Access to effective remedy in Business and Human Rights (BHR) is a widely known challenge for rights-holders, especially for persons or groups that are deemed particularly “vulnerable” based on inherent or situational characteristics. Although the adequate consideration of vulnerable groups and individuals within the BHR remedy system has been called for by relevant actors for years, the development of necessary analytical perspectives, provisions, and procedures has remained limited to date. In addition, the terminology of "vulnerability" is contested and debated by scholars and practitioners alike.What exactly constitutes vulnerability of a person or group in the field of BHR? How can intersectionality be considered? And which measures should be taken to tailor non-judicial remedy procedures to the specific needs of vulnerable groups? The enactment of new national due diligence laws and the draft of an EU Due Diligence Directive obligate companies to provide grievance mechanisms for rights violations occurring in their supply chains. The UNGP consider non-judicial mechanisms as a key complementation to judicial remedy. Thus, finding answers to the questions above has become even more pertinent and time-sensitive.The proposed research project will thoroughly explore how effective procedural and substantive non-judicial remedy in BHR can be devised for vulnerable groups. As a foundation, the project will examine the current discourse on vulnerability and intersectionality and analyse the interplay of access to, procedural design, and outcome of non-judicial grievance mechanisms. In a second step, two selected vulnerable groups –women and minors – will be studied in more depth to illuminate the relevance of gender and minority as two exemplary factors of vulnerability. A specific focus will be placed on examining the barriers women and minors face in the different stages of the remedy process. Furthermore, the potential of Alternative Dispute Resolution (ADR) procedures to increase participation, agency, and empowerment of women and minors will be specifically explored. Finally, the project will develop transferable results and recommendations.The project is comprised of literature- and document-based as well as empirical research elements. The latter include workshops and structured interviews with stakeholders, scholars, and experts. Three visits to countries of the Global South will be conducted to validate interim results with local stake- and rights-holders and to collect additional data via case studies, interviews, and focus group workshops.It is expected that the results of the proposed research project will contribute to the improvement of effective remedy mechanisms as well as prompt and inform further research into other factors of vulnerability and their relevance in the BHR remedy system.

• DFG Programme: Research Grants
• International Connection: Belgium, Canada, New Zealand
• Co-Investigators: Professorin Dr. Barbara Dauner-Lieb; Professorin Dr. Claudia Maria Hofmann; Professorin Dr. Eva Kocher
• Cooperation Partners: Professorin Gamze Erdem Türkelli, Ph.D.; Professorin Penelope Simons, Ph.D.; Professorin Nicola Taylor, Ph.D.