Access to effective remedy: the role of information

Abstract

Under international human rights law and under the United Nations Guiding Principles (UNGPs), victims of human rights abuse have a right to effective remedies. Yet victims of abuse involving companies are often unable to secure access to effective remedies. A critical factor is the lack of access to human rights-relevant information. This chapter looks at how the lack of critical information concerning various aspects of corporate conduct undermines the right of access to effective remedy. In practice, there are huge power and information disparities presenting formidable obstacles for affected individuals and communities seeking remedy after negative corporate impact on human rights. Lack of information on corporate activities and impact makes it difficult for victims to pursue a robust legal claim. Such information is either absent or in the hands of the corporate defendant. In addition, the lack of information on complex, opaque legal and operational structures can make it difficult for victims of corporate human rights abuse to start legal proceedings against a multinational corporation. This chapter will analyse the role that access to information has played in case law in various domestic and regional jurisdictions in the field of business and human rights. The right to know/access to information can be considered a ‘gateway right’. Without relevant information many other rights, not only access to remedy, remain elusive. Thus, this chapter will also explore the contours of the right to information under international human rights law. Finally, the chapter will assess the way forward by discussing how the information disparities that hinder access to effective remedy in the business and human rights field may be addressed.