UN Guiding Principles on Business and Human Rights & Effective Remedies: A state-based non-judicial grievance mechanism for Switzerland

Abstract

The paper answers the UN Guiding Principles on Business and Human Rights’ call for effective state-based non-judicial grievance mechanisms. To begin, it is explored why people whose human rights have been harmed due to extraterritorial business operations are often denied effective judicial remedy. In light of this, the paper scrutinizes the requirements that a non-judicial grievance mechanism should satisfy to be effective. To this end, by starting from procedural guarantees of human rights treaties, the UN Guiding Principles’ effectiveness criteria are interpreted. Based on these findings, a grievance mechanism for Switzerland is ultimately conceived.