Massive Violations Of Human Rights Research Articles

Unwilling allies: the USSR, the Communist Party of Argentina, and the military dictatorship in Argentina, 1976–1983

The author of this article aims to explore the complex and contradictory relationship between the Communist Party of Argentina, the Soviet Union, and the military regime in Argentina between 1976 and 1983. It was a period of right-wing military dictatorship domination in the region, characterised by outright terrorist policies against left-wing forces, mass violations of human rights, which put the International Communist Movement in an ambiguous position due to the USSR’s close cooperation with the Argentine military junta. A unique situation of mutual interest between Soviet foreign policy and the military dictatorship developed in the USSR’s relations with the military regime in Argentina. The most important factor in this contradictory situation was the position of the Communist Party of Argentina, supported by the CPSU, on co-operation with a regime that other communist parties and leftist forces qualified as fascist, ultra-reactionary, and anti-communist. The USSR found moral and political justification for its cooperation with the Argentine regime in the policies of local communists who supported the regime, justifying its repression of leftist radical movements, especially the Montoneros. The Argentine Communist Party justified its policy by referring to the junta’s growing cooperation with the USSR. The article explores the reasons for this policy of the Communist Party, which caused tension in the international communist movement and the subsequent isolation of the Argentinian Communist Party. The specific political interests of the USSR were supported by the Argentine communists, who, in turn, saw in them a guarantee of their interests in the conditions of the harsh right-wing military regime in the country. For the first time in historiography, this paper, drawing on records from the archive of the CPSU Central Committee, documents the complex process of reconciling the USSR’s economic and political interests in Argentina during this difficult period of the Cold War.

EU Lawlessness Law at the EU-Belarusian Border: Torture and Dehumanisation Excused by ‘Instrumentalisation’

This paper engages with the routine normalisation of mass violations of human rights at the EU–Belarusian border. The direct and indirect victimisation of the racialised ‘other’ on the Eastern border of the Union is a direct extension of the EU-sponsored war on the racialised passport-poor in the Mediterranean. Together, the two form one clear and coherent picture of flagrant mass rights abuse. This EU law approach has claimed more than 27,000 lives over the last eight years and left more than 120,000 innocent people captured and imprisoned, or enslaved and sold for ransom by the criminal proxies enlisted by the EU and its Member States. This dramatic situation has not arisen by chance. An array of legal techniques is deployed by the EU, specifically by FRONTEX, the European Commission and, albeit incidentally and to a lesser extent, the European Court of Justice—to make sure that the full brunt of the denial of the right to life and other vital rights of non-citizens is never presented as a violation of EU law. We call these legal techniques ‘EU lawlessness law’. Focusing on the situation at the EU–Belarusian border allows us to zoom in on the bespoke lawlessness solutions crafted and deployed there by the EU and its Member States. The gross violations of the law are rhetorically justified by the alleged instrumentalisation of migrants by the dictatorial Belarusian regime. Paradoxically, the latter emerges as a de facto partner of the EU and its Member States, in torturing numerous people in complete disregard of any of the legal guarantees that the Union professes to provide.

Less-lethal weapons: ocular trauma in Chile as psychosocial trauma. Challenges from a human rights and comprehensive perspective.

In October 2019 in Chile, massive protests broke out in the so-called social uprising. The repressive response of the armed forces and Carabineros (Police) resulted in serious and mas-sive violations of human rights, with between 400 and 500 victims of ocular trauma caused mainly by shots from anti-riot shotguns, constituting the largest number of cases in the world linked to a single event. It is proposed to evaluate the different dimensions of the impact of ocular trauma due to state violence, using the concept of psychosocial trauma and a support model that integrates the medical-psychological and social dimensions. Human rights violations of the period are described, focusing on cases of ocular trauma, and state and civil society responses. The requests of a survivors' organisations regarding truth, justice and reparation is presented. A clinical case of ocular trauma treated in our centre is analyzed. Survivors of ocular trauma manifest post-traumatic reactions regardless of the severity of their ocular injuries. The impact on the mental health of survi-vors of ocular trauma due to state violence is a phenomenon where the psychic and psychosocial im-pact of trauma due to socio-political violence intersects with the short- and long-term mental health effects. The impact of sociopolitical trauma must be understood considering both the in-dividual and social subject, considering their cultural, socioeconomic and political reality. Recovery from traumatic psychological injury must be addressed in its medical, sensory rehabilitation, psycho-logical and psychosocial dimensions, including processes of social recognition, search for justice and comprehensive reparation of damage. In contexts of impunity, a model is proposed that integrates rehabilitation with psycho-legal support, promotion of agency and organisation, within the frame-work of commitment to the movement and principles of human rights.

"Transitional justice": general characteristics

The subject of the study is a special procedural mechanism for establishing the circumstances of the commission of genocide and other crimes against humanity during the functioning of various totalitarian regimes that widely use the practice of mass violations of human rights, the ideology of historical exclusivity, and the destruction of civil society institutions. Usually we are talking about states that have survived dictatorship or war, so the center of judicial knowledge is, first of all, precedents of gross violations of the rules of warfare, torture, mass executions, slavery. The declared goals of "transitional justice" are the rehabilitation of victims of repression. The authors conducted a study of the activities of special judicial presences and truth and reconciliation commissions, summarized the mediation experience implemented in the states of Africa and Southeast Asia. The research methodology is based on the principles of dialectical cognition, as well as a wide range of general scientific and private scientific methods (analysis, synthesis, legal comparative studies). The main conclusions of the study are concentrated around the specifics of the subject jurisdiction of conciliation commissions and tribunals, covering only acts of violence against the civilian population. For the first time, the authors have assessed the effectiveness of these institutions in a number of states. The various methodologies that make up "transitional justice" usually combine the "healing" measures of restorative justice (truth and reconciliation commissions) and a parallel system of punitive justice (mainly against those primarily responsible for the most serious crimes and their direct perpetrators). The text of the article substantiates that the activities carried out within the framework of "transitional justice" are aimed at reforming social institutions by restoring the rule of law and ensuring the functioning of constitutionally established judicial bodies in the future.

The Responsibility to Protect (R2P) Concept as an Attempt for Protection of Human Rights in International Humanitarian Law Context

The 20th century was marked by mass murder and crime to humanity, such as genocide, war crime, and ethnic cleansing, resulting in tens of millions of deaths throughout the world. While the objective of establishing the United Nations in 1945 aimed at preventing such crimes, mass murders kept on occurring, as the cases in Bosnia and Rwanda in 1990s. The responsibility to protect (R2P) concept emerged as a response to these failures, by proposing that the sovereignty of a country should be based on the responsibility to protect its citizens, rather than the right to take actions without any intervention from the international world. This research aims at exploring the R2P concept as an attempt to protect human rights in the international humanitarian law context by analyzing the relevant literature and legal norms to discover how this concept can be the basis for protecting human rights under conflict situation and four mass violations of human rights. It used normative legal research method based on international law framework. Two approaches were used, namely conceptual and comparative ones. The research results indicated that R2P concept was the best alternative for humanitarian intervention to protect mankind from such crimes as genocide, ethnic cleansing, and crimes against humanity. In an intra-country conflict, the international community was responsible through preventive and military intervention attempts. The R2P concept was also relevant in international humanitarian law since it gave a clear framework in protecting human rights and preventing mass crimes, especially in relation to the use of military power.

Human right breach investigation commitment in the context of the armed conflict: Jurisprudence of the European Court of human rights

The study examines the specifics of the obligations of states that are parties to the European Convention on Human Rights (hereinafter referred to as the "Convention") regarding investigations into violations of the Convention in the context of an armed conflict. The research relevance is predetermined by the rapid development of the practice of the European Court of Human Rights in recent years, as well as the significant burden on Ukrainian law enforcement agencies due to the urgent need to investigate massive violations of human rights committed in the context of Russian military aggression. The research aims to generalize the current practice of the European Court of Human Rights regarding the procedural obligations of the state in the context of armed conflict. The basis of the research was the analytical method, the method of specific sociological research. The issue of the jurisdictional connection between the duty to investigate and the state party to the Convention, the spectrum of violations to be investigated, the prerequisites for the duty to investigate violations, and the content of procedural obligations in the context of an armed conflict are considered. Jurisdiction of the Convention on Human Rights for Art. 1 Convention, in particular regarding procedural obligations, are primarily territorial; however, there are some exceptions to this general principle. The spectrum of violations for which the state party to the Convention has procedural obligations covers all serious violations of the Convention. The prerequisites for the obligation to investigate a violation may be a) a crime report; and/or b) the presence of signs indicating the commission of a violation, even in the absence of a report of a crime. To investigations of violations committed in the context of an armed conflict, the European Court of Human Rights applies the same criteria for the effectiveness of the investigation as under normal conditions (independence, adequacy (thoroughness), public control, and involvement of the victim), given the objective difficulties, caused by hostilities. The practical value lies in outlining the specific obligations of Ukraine under the Convention regarding the investigation of mass violations of human rights during the war

THE INFLUENCE OF ISLAM ON THE FORMATION AND IMPLEMENTATION OF JUDICIAL POWER IN ISLAMIC STATES

In Islamic states, massive violation of human rights, sadly, is a well-known topic for the contemporary world. Much research and work has been published in this direction, which underlines the ac- tual situation in Islamic states concerning specific rights. The nov- elty of the particular work is not in discussing concrete right/rights, but in analyzing Islam's influence on the formation of the judiciary system and then on implementing the judiciary governance. The judiciary system is a fundament, through which the study of the problems of Islamic countries should begin. The article discusses eleven Islamic states and their judiciary systems. While working on the research, the constitutions of all of them were found, particu- larly the records on the judiciary. The similarities-differences in the countries under examination are separated by the method of com- parative analysis. The research aims to show the distinguishing features in a narrow group, particularly in Islamic countries. These distinctive features directly impact the quality of human rights pro- tection in specific countries. The research has shown that the reli- gious affiliation of the population is not the only reason for the influ- ence of Islam on the judicial system. An example is Turkey, in case of which, even though 98% of its population is a follower of Islam, in terms of human rights protection, does not share the conditions of other Islamic countries. The importance of the topic discussed in the article is pressing, as evidenced by the modern protest in the world, which began with the tragic death of a 22-year-old Iranian girl, Mahsa Amin, behind which the judicial system discussed in the article stands. To sum up, the article offers interesting findings on the problematic aspects of the Far and not so Far East.

Formation of the principle of respect for human rights in Europe, its connection with international and national security

The article deals with the formation process, the current state and perspectives of the relationship between states that do not respect human rights and basic freedoms. Such states pose a danger to the stable development of international relations and fruitful cooperation between states, and ultimately to international peace and security.
 The modern world is characterized by the fact that the expansion of human and citizen rights occurs as a result of the development of norms of both national and international law. This bilateral process helps mutual enrichment of legislation and allows raising the bar of human rights to a new level.
 Speaking of security, the world still ignores the real protection of human rights, replacing it with a formal one.
 The principle of respect for human rights has a direct and inverse relationship with international and national security: states that systematically abuse human rights are recognized as initiators of aggression. And external aggression itself contradicts the interests of both the aggressor state itself and its population. Aggression entails the application of serious international sanctions, which will hit its citizens hard, in particular, and will also entail a serious restriction of civil rights.
 And vice versa: an improvement in the situation in the field of human rights protection reduces the probability of an aggressive war.
 The refusal of a separate state to fulfill the requirements of the corresponding principles of respect for human rights does not cancel their importance for international and national security, and does not eliminate the negative consequences that such a refusal would entail.
 The attack of the Russian Federation led to serious and massive violations of human rights and international humanitarian law, which had catastrophic consequences for the exercise of almost all human rights in Ukraine. But over the past two decades, the Russian authorities have systematically violated and restricted basic freedoms within their own state, closed down independent mass media, and banned peaceful protests in the country. And the war in Ukraine entails a further deterioration of the state of human rights in Russia: now a new iron curtain is being lowered there, behind which the authorities oppose the exercise of civil rights and a free and independent civil society.

The Nature of the Right to Be Forgotten and its Role in the Human Rights System

The purpose of the study is to reveal the concept and content of the right to be forgotten, also the characteristics of the relationship with other human rights. Within the framework of the article, the international and domestic legislations, practice and theoretical approaches, which are necessary to understand the nature of the right to be forgotten and the problems arising around the provision and protection of this right in RA, the legislative gaps underlying them and the main goal of their recovery, were studied. To achieve the above-mentioned goal, the legal basis of the right to be forgotten, some theoretical interpretations of it, and the approaches of the international, European and American legal systems are distinguished and compared to the legislative approaches in RA. The research was carried out using dogmatic, legal comparative, combination, logical analysis and legal modelling methods. We comprehensively studied the relationship and balance between the right to be forgotten and other rights, highlighted the need to solve the problems that have become uncontrollable in the electronic domain and adopt regulations that exclude possible mass violations of human rights, discussed their absence and the resulting issues.

Criminology and Massive Violation of Human Rights: The Case of Terrorism and Genocide

AbstractThe criminological dimension of crime generally does not arouse great enthusiasm from researchers in Arab countries, unlike Anglo-Saxon- or French-speaking countries. Admittedly, Western criminology is more advanced, but it is more interested in common crimes than in mass crimes such as crimes against humanity, genocide, human trafficking or terrorism. However, the rare existing studies reveal the emergence of a criminology of massive human rights violations and expose some particularities of this criminal phenomenon. These include the often transnational nature of the crimes, the geographical, socio-economic and political disparity of criminals, the high number of victims, and more. The relationship between criminal law, criminology and human rights should be examined to determine the complementarity of the law and the empirical criminal sciences in crime prevention.

Role of International Organizations for Protection of Muslims Rights in India

The role of international Human rights organizations is discussed in this research. United Nations should play its role independently without the pressure of a developed state. Being a Secular and democratic state it is essential for the state to protect all individual but in the tenure of the current ruling party Bhartiya Janata Party (BJP) massive violations of human rights has been occurred. Basic rights to all individuals' should be granted to all individuals. Minority rights should be respected by the administration and strict actions should be taken on the violation of human rights.

Ensuring children’s rights in the context of armed conflict in Ukraine

Ensuring the peaceful coexistence of people and protecting peace and prosperity are the main tasks of any state. Countries around the world are devoting significant efforts and resources to the establishment and operation of international organizations aimed at preventing armed conflict, which results in mass violations of human rights, including the rights of the child. The function of a large number of international organizations are aimed at ensuring the safety of their member countries. It emphasises the importance of ensuring the right to safety of a person, in particular a child, given that he or she belongs to a particularly vulnerable category of people that are in need of protection.
 During armed conflict, largely, children suffer more from rights violations.
 The article examines the consequences of armed aggression on the life of a child and identifies the features of ensuring certain rights of the child in the context of armed conflict in Ukraine .
 The number of children affected by the armed aggression of the Russian Federation is analyzed, attention is paid to the issue of ensuring the child's right to safety, legislative regulation of the child's right to education, as well as problematic aspects that arise during this right. The peculiarities of placement of children that are left without parental care in family-type orphanages and foster families as a result of the Russian invasion of the territory of Ukraine have been studied.
 It is concluded that states, as the main actors responsible for the lives and safety of their populations, need to increase coordination and interaction on the needs of children and youth during armed conflicts and in post-conflict situations. The parties to an armed conflict must strictly adhere to their obligations to protect civilians in general and children in particular, not only under international humanitarian law but also under general international law.

Prosecuting Human Violations Committed in the Anglophone Cameroon Crisis: A Disquisition on the Legal Framework

The prosecution of perpetrators of mass violations of human rights remains one of the unfinished tasks of Africa's ʺdemocraciesʺ which, in itself, is eloquent evidence of the need for systemic arrangements to protect human rights, build a culture of the rule of law and ultimately defeat impunity. Emboldened by the absence of the foregoing, accountability for human rights violations of individuals and the fulfilment of the corresponding duty to prosecute violators have been contentious issues in Africa's politically volatile communities. As states are caught betwixt and between protecting human rights and holding individuals accountable, the questions about the State's fulfilment of its international obligations arises. Sourced primarily from international treaties, customary international law, and general principles of law, the duty to prosecute violations of human rights is revisited with a focus on the theoretical and legal framework. Situated in the context of the ongoing Anglophone Cameroon crisis in which political factions of the English-speaking regions are pitted against the French-speaking dominated Government of Cameroon, and bringing to the fore the violations, which have become an odious scourge, this paper argues that there is a sacrosanct duty on the Government of Cameroon to investigate, prosecute and punish such violations. The paper interrogates the relevant international law instruments and engages in a dialogue with relevant and respectable literature penned by prominent scholars and jurists on the issue of accountability. It provides an analytical disquisition on the duty to prosecute which, as argued herein, must be fulfilled by Cameroon given the violations that have been committed during the ongoing Anglophone Cameroon crisis.

Prosecuting Human Violations Committed in the Anglophone Cameroon Crisis: A Disquisition on the Legal Framework

The prosecution of perpetrators of mass violations of human rights remains one of the unfinished tasks of Africa's ʺdemocraciesʺ which, in itself, is eloquent evidence of the need for systemic arrangements to protect human rights, build a culture of the rule of law and ultimately defeat impunity. Emboldened by the absence of the foregoing, accountability for human rights violations of individuals and the fulfilment of the corresponding duty to prosecute violators have been contentious issues in Africa's politically volatile communities. As states are caught betwixt and between protecting human rights and holding individuals accountable, the questions about the State's fulfilment of its international obligations arises. Sourced primarily from international treaties, customary international law, and general principles of law, the duty to prosecute violations of human rights is revisited with a focus on the theoretical and legal framework. Situated in the context of the ongoing Anglophone Cameroon crisis in which political factions of the English-speaking regions are pitted against the French-speaking dominated Government of Cameroon, and bringing to the fore the violations, which have become an odious scourge, this paper argues that there is a sacrosanct duty on the Government of Cameroon to investigate, prosecute and punish such violations. The paper interrogates the relevant international law instruments and engages in a dialogue with relevant and respectable literature penned by prominent scholars and jurists on the issue of accountability. It provides an analytical disquisition on the duty to prosecute which, as argued herein, must be fulfilled by Cameroon given the violations that have been committed during the ongoing Anglophone Cameroon crisis.

The Genesis of the International Criminal Court

Abstract This work analyzes the practice of the International Criminal Court (ICC) as the most ambitious project aimed at combating and preventing mass violations of human rights in inter-and intrastate conflicts. Sure thing, such an institution has not emerged from anywhere, but it is the culmination in the progress of international criminal law evolution. That is why the progress that was made over the centuries and historical conditions forcing its establishment cannot be ignored. This article studies the formation of the International Criminal Court through the prism of the history of previous models of judicial bodies bringing to justice war criminals. Moreover, it analyses the historical conditions and international debates around the establishment of a permanent international criminal court. Conclusions focus on the problems that arose during the establishment of the ICC, and the ways in which they affect ICC activities nowadays.

Lip print: a humanitarian forensic action

Introduction: forensic science involves diverse scientific disciplines that apply their particular expertise to the legal and judicial system. However, in the last decades this science has been linked to humanitarian actions and human rights proceedings. Forensic dentistry plays a vital role in personal identification. The lip print analysis is a relatively a simple procedure used in this discipline. It consists of patterns evaluation of cracks in the elevations and depressions on the labial mucosa. The aim of this study was to determine the lip print patterns of a southern Colombian population in order to add evidence of preconditions for forensic issues as part of a humanitarian forensic action. Methods: a total of 384 participants ≥ 35 years old were included in this study. The lip prints were analyzed through Suzuki and Tsuchihashi’s classification in order to identify the predominant lip prints in males and females. Descriptive analysis was used to determine the sample characteristics and a χ2 test was performed to analyze independence according to sex variable for these categorical data. Results: the analyses showed that Type I and I’ together were the most commonly lip prints seen in this sample, followed by Type II. There were not statistical differences between males and females. Conclusions: the evaluation of lip prints is a cost-effective method, and it could be an alternative in developing countries, especially in those that address massive violations of human rights.

The Indian Occupied Kashmir Dispute: A Legal Analysis in purview of United Nations Resolutions

Kashmir is an uncontrollable conflict between the two South Asian countries: India and Pakistan. Since 1989 the people of Kashmir have faced a massive violation of human rights committed by Indian forces. The United Nations resolutions strengthened the Kashmiri’s movement of freedom. However, it is also a reality that, somehow and somewhere, the UN had failed in the Kashmir dispute in order to give the implementation to its resolutions. The Kashmir issue is complicated but could have been resolved if the UN had taken its responsibility with true letter and spirit. Recently, the Indian government changed the status of Kashmir by the abolishment of Article 370 and 35A, and also passing a Bill in August 2019, further makes the situation more difficult in Kashmir. In this situation, it is pertinent to mention here that Indian occupied Kashmir is a disputed issue in the light of UNSC resolutions between two south Asian countries. The current research is based upon descriptive and historical methodology and the facts and results are provided as per the legal analysis of the current situation of Indian occupied Kashmir. Finally, this research concludes that India cannot solve the Kashmir dispute through revocation of Article 370 and 35A of the Indian constitution provisions about the status of Kashmir, and also not use of force; the Kashmir dispute can only be resolved according to the Resolution adopted by the United Nations Commission for India and Pakistan on 13 August 1948.

The Utility of Collective Security in the Context of Human Security: The Yugoslav and Somali Experiences

When one examines closely the record of performance/non-performance of the UNSC at the crucial moments of the post-Cold War era, where major issues of peace and security are involved, including cases of human security crises, one finds that there is almost always tragic dilatoriness and/or lamentable inactions. While the UN was formed to ‘save succeeding generations from the scourge of war’ the list of scourges is growing. The real threats to international peace and security are no longer confined to violations of state sovereignty. Rather, new assertions of nationalism and sovereignty have sprung up, and the cohesion of States has been threatened by interstate conflict, poverty, infectious disease and environmental degradation, internal violence; including civil wars, genocide, ethnic-cleansing and state-failures, weapons-of-mass-destruction; including chemical, biological, radiological and nuclear-weapons, terrorism, and transnational-organized-crime, discrimination, and massive violations of human rights. All representing international security threats beyond the scope of any one state to solve. While the concept of peace may be easy to grasp, that of international security is more complex, for a pattern of contradictions has arisen. What is more worrisome is that each of these challenges is in a complex relationship of inter-linkage with each other. This paper intends to look at the changing scope of security, in the new environment of growing inter-linkage between peace-security-and-development, and to take a critical look at the new concept of human security and its implications to the treatment of the issue of collective-security in the UN. Data collection was through content analysis and analysed using the quantitative chi-square scientific method.

Being a Church in a Time of Violence: Peruvian Church during the Armed Internal Conflict 1980 to 2000

During the war with Shining Path (1980–2000) violence in Peru was brutal and extensive. Massive violations of human rights were common, with victims from all regions and social classes, but were particularly intense in rural areas like Ayacucho where the insurgency began. The churches supported and defended rights by providing organizational space, legal defense, publicity (through their radio networks) and by remaining among populations in danger, working with them and often sharing their fate. Important elements in the churches including leaders, priests, members of religious orders, sisters catechists, and ordinary people working through church organizations, were prominent among the victims. They were attacked both by Shining Path (who saw them as competitors) and by army and police forces, who saw their commitment to social justice and collective action as subversive. The choice to defend human rights in theory and action is rooted in a long term process of transformation in the church which drew strength and inspiration from the “option for the poor” articulated at the Catholic bishops meetings in Medellin (1968) and Puebla (1979), and in numerous statements and organizational efforts since then. The process of violence in Peru and the role of the churches is documented in the reports of the Peruvian Commission for Truth and Reconciliation and others from the Peruvian church as well from as regional and local groups.

International Protection of Human Rights and the Activity of Transnational Corporations.

INTRODUCTION. This study analyzes available remedies for victims who have suffered harm from business activity of transnational corporations. The goal of this study is to evaluate the effectiveness of available remedies for the protection human rights of individuals from adverse impacts of the business activity of TNCs. To achieve the goal, it is necessary to fulfill the following tasks: to consider the obligations of TNCs in modern international law, the role of states in the protecting human rights against the business activities of TNCs, examine the content of the right to an effective remedy, and characterize the existing remedies for the individuals.MATERIALS AND METHODS. During the research the latest theoretical studies of leading Western scholars was analyzed, as well as the regulatory documents, recommendations and reports of the human rights treaty bodies, international human rights treaties and extensive court practice of the ECHR. For this study formal logical, general scientifi , comparative legal and private scientific methods has been applied. RESEARCH RESULTS. In recent years, the importance of soft law in the field of international business and human rights has been increasingly strengthened. The UN Guiding principles on Business and Human Rights have become the basis for a draft legally binding instrument to regulate, in international human rights law, the activities of transnational corporations. It should be noted that the latest innovations in the draft related to the introduction of environmental rehabilitation as one of the mandatory forms of redress. Indeed, when considering mass violations of human rights by transnational corporations, we oft n encounter with serious damage to the environment, as a result of which environmental rights are violated. Increasing cases of such violations have led to the need to improve international and domestic remedies.DISCUSSION AND CONCLUSIONS. The study concluded that a remedy would be effective if it would be affordable, acceptable, adequate and timely. An effective remedy against the activities of TNCs should provide an adequate compensation or the leveling of the damage caused and bring TNCs to account for human rights violations in order to ensure such compensation. In turn, access to remedies consists of two interrelated elements: the existence of a grievance mechanism that provides a redress for business-related damage and the availability to the mechanism by aff cted persons. Access to remedies should be provided without discrimination on any of the prohibited grounds and should take into account the situation of vulnerable groups. The approach to the calculation of compensation or the choice of remedy should be individualized, taking into account the social and legal status of the victim.