Non-judicial remedy in the field of Business and Human Rights
Non-judicial grievance mechanisms play an increasingly important role in ensuring effective (legal) protection and rightsholder engagement in the field of Business and Human Rights. They are intended to complement state-based court proceedings, thereby creating greater access to justice within a remedy ecosystem. We have been extensively researching non-judicial remedy in Business and Human Rights since 2019.
Non-judicial grievance mechanisms in supply chains - Reviewing the effectiveness and design of "Systems of Continuous Learning" at the intersection of regulation and self-regulation (funded by the Fritz Thyssen Foundation, 2023 - 2025)
This research project focuses on the examination and optimisation of non-judicial grievance mechanisms in supply chains in the context of business, human rights, and the environment. The project is situated within the framework of the Supply Chain Due Diligence Act (LkSG) of the German Bundestag, which mandates companies to establish such mechanisms. As per the LkSG, companies are required to assess the effectiveness of their grievance mechanisms regularly and occasion-specifically. However, companies face significant uncertainties regarding how to structure their grievance mechanisms in accordance with the LkSG and the criteria by which to evaluate their effectiveness.
The research project aims to investigate the various conceptions of “effective” grievance mechanisms. A particular focus will be placed on approaches to optimise the effectiveness of grievance mechanisms and the overarching due diligence processes, as well as exploring how grievance mechanisms can operate as “Systems of Continuous Learning”.
The findings of this study are intended to provide recommendations for an effective assessment and optimisation of grievance mechanisms through the utilisation of “Systems of Continuous Learning”. These recommendations are meant to be applicable not only within the immediate scope of the LkSG but also to offer practical and theoretical guidance for scholars and practitioners in the field of Business and Human Rights.
Beyond access – the potential of non-judicial grievance mechanisms to improve effective remedy for vulnerable groups in the field of Business and Human Rights (funded by the DFG, 2024-2026)
This research project focuses on the critical issue of access to effective remedy in the field of Business and Human Rights (BHR), particularly for vulnerable groups. The understanding of vulnerability and the necessary measures to address the specific needs of these groups within the human rights remedy system remains limited. Additionally, there is no universal concept of vulnerability in the BHR field.
The project aims to thoroughly explore how procedural and substantive non-judicial remedies can be effectively developed for vulnerable groups. It will begin by critically examining the current discourse on vulnerability and intersectionality within the field of BHR. By analysing the interplay of access, procedural design, and outcome of non-judicial grievance mechanisms, the project seeks to identify the barriers faced by vulnerable groups, with a specific focus on women and minors. Furthermore, the project will investigate the potential and limitations of Alternative Dispute Resolution (ADR) in overcoming or mitigating the identified barriers.
Overall, this research project aims to provide valuable insights and recommendations for researchers and practitioners working on vulnerability and remedy in the field of BHR. By addressing the gaps in understanding and exploring effective non-judicial remedies, it seeks to contribute to the improvement of access to justice for vulnerable groups and the overall promotion of human rights in business practices.
Research project “Non-judicial Grievance Mechanisms in Global Supply Chains: Recommendations for Institutionalisation, Implementation and Procedural Design" (commissioned by the Federal Ministry of Justice, 2019- 2021)
From the end of 2019 until July 2021, a research team from the European University Viadrina Frankfurt (Oder) led by Prof. Dr. Ulla Gläßer worked on a research project commissioned by the Federal Ministry of Justice to investigate the potential of Alternative Dispute Resolution (ADR) regarding the design of non-state non-judicial grievance mechanisms for those affected by human rights violations in global supply chains.
Based on an in-depth analysis of selected existing grievance mechanisms, we first developed a differentiated system of governance criteria covering institutionalisation, implementation, procedural design, and the development of systems of continuous learning. In addition, we conducted interviews with experts from companies, trade unions, NGOs, and non-judicial grievance mechanisms. Good practice examples were identified during the review of these existing mechanisms based on the effectiveness criteria of the UN Guiding Principles for Business and Human Rights (UNGP). The deliberate knowledge transfer from the established practice of German consumer arbitration bodies yielded additional valuable insights, especially on institutionalisation possibilities and quality assurance of ADR offers.
Based on these findings, we developed the comprehensive Integrative Grievance System (IGS) as a prototypical model, which combines practice-oriented recommendations for the design of multi-stakeholder, non-judicial grievance mechanisms in the field of Business and Human Rights.
Overall, the research report aims to demonstrate that effective grievance mechanisms should be integral components of (regulatory) approaches to improving living and working conditions along global value chains. The comprehensive research report “Non-judicial Grievance Mechanisms in Global Supply Chains: Recommendations for Institutionalisation, Implementation and Procedural Design" published on 20 September 2021 is available for download in full with compact executive summaries available in German and English on the website of the Federal Ministry of Justice.
The following publications have been completed to date in the field of Business and Human Rights (English publications in bold):
- Gläßer, Ulla / Schmitz, Dominik: Effektive Beschwerdemechanismen entlang von Lieferketten, NJW 2023, S. 1465-1470 (Translation: Effective grievance mechanisms in supply chains)
- Gläßer, Ulla / Kühn, Katharina: Kommentierung von § 8 LkSG, in: Henn, Elisabeth / Jahn, Jannika (Hrsg.), Beck-OK LkSG (Online-Kommentar zum Lieferkettensorgfaltspflichtengesetz), 2023 (fortlaufende Aktualisierung) (Translation: Commentary on § 8 of the German Act on Corporate Due Diligence Obligations in Supply Chains)
- Gläßer, Ulla / Bond, Helene: Ein Beschwerde- und Abhilfesystem innerhalb transnationaler Lieferketten. Fokus: Leder, Lederprodukte und Schuhe Hrsg: INKOTA-netzwerk e.V. 2022
- Gläßer, Ulla / Bond, Helene: Working Paper: An Effective System for Grievances and Remedy in Transnational Supply Chains. Focus: Leather, leather products and footwear. Ed: INKOTA-netzwerk e.V. 2022
- Gläßer, Ulla / Pfeiffer, Robert / Schmitz, Dominik / Bond, Helene: Das Integrative Grievance System – ein Modell für die effektive Gestaltung und Implementierung außergerichtlicher Beschwerdemechanismen entlang globaler Lieferketten, Rethinking Law 2/2022, S. 68 ff. (Translation: The Integrative Grievance System: a model for the effective design and implementation of non-judicial grievance mechanisms in global supply chains)
- Gläßer, Ulla / Pfeiffer, Robert / Schmitz, Dominik / Bond, Helene: Außergerichtliche Beschwerdemechanismen entlang globaler Lieferketten. Bericht über ein Forschungsprojekt, ZKM 6/2021, S. 228-233 (Translation: Non-judicial grievance mechanisms in global supply chains: report about a research project)
- Gläßer, Ulla / Pfeiffer, Robert / Schmitz, Dominik / Bond, Helene: Außergerichtliche Beschwerdemechanismen entlang globaler Lieferketten - Empfehlungen für die Institutionalisierung, Implementierung und Verfahrensausgestaltung (2021) (Translation: Non-judicial Grievance Mechanisms in Global Supply Chains: Recommendations for Institutionalisation, Implementation and Procedural Design)
- Gläßer, Ulla / Kück, Claudia: The Hague Rules on Business and Human Rights Arbitration - A Balancing Act, SchiedsVZ 3/2020, S. 124-133
We presented and discussed our research results at the following events:
- National Roundtable on Access to Remedy and Social Dialogue in Leather and Leather Footwear Supply Chains (Organised by: Cividep India, Society for Labour and Development), Chennai/India, 26 April 2023
- Workshop on Grievance Mechanisms and the German Supply Chain Act (Organised by: Society for Labour and Development, Cividep India, INKOTA Network), Chennai/India, 25 April 2023
- Symposium "Effective Enforcement of the German Supply Chain Duty Act - Civil Society's Expectations towards the BAFA" (Organiser: Heinrich Böll Stiftung, Cora Netzwerk für Unternehmensverantwortung, Initiative Lieferkettengesetz.de), Berlin, 27 January 2023
- Working session to discuss the Integrated Grievance System with representatives of UNI Global Union, 5 December 2022
- Bucerius Mediation Competition 2022, 25 November 2022 in Hamburg (online)
- Working meeting to discuss the Integrated Grievance System with representatives of the Indian NGOs CIVIDEP and Society for Labour and Development (SLD), 22 November 2022 in Berlin
- Sector Dialogue on the Automotive Industry, Berlin, 27 September 2022
- TMC Asser Expert Meeting on Business and Human Rights Arbitration, The Hague, 12 April 2022 Experten-Workshop "Beschwerde und Abhilfe in Leder-, Lederwaren und Schuhlieferketten", 28. März 2022
- Partnership for Sustainable Textiles, 10. März 2022
- Texas A&M University School of Law, Dispute Resolution Symposium – "ADR Works-in-Progress", 5 March 2022
- Forum on Sustainable Cocoa, 20 January 2022
- Support Group for the Implementation of the Swiss National Action Plan (NAP) "Business and Human Rights" by the Federal Department of Foreign Affairs (FDFA) and the State Secretariat for Economic Affairs SECO, 18 November 2021
- WG Business and Human Rights, 11 November 2021
- Public online presentation of the research report in English (organiser: BMJV), 10 November 2021
- Inter-ministerial Committee on Business and Human Rights (IMA), 26 October 2021
- Council of Europe Workshop "Environment, Human Rights and Business: a framework for addressing environmental protection challenges", 27 April 2021
- BMAS International Conference "Global Supply Chains - Global Responsibility. Human rights and good labour in global supply chains", 6 and 7 October 2020
- BMJV Stakeholder Conference "Potential of Alternative Dispute Resolution for Human Rights Violations in the Area of Corporate Responsibility", 14 September 2020
- Sector dialogue of the automotive industry, working group "Establishing a UBM in the automotive industry", 24 June 2020
- Meeting of the BMAS Working Group on Business and Human Rights, 14 January 2020