Neue Publikation: Corporate Remediation of Human Rights Violations – A Restorative Justice Framework
18. März 2019
Das von Dr. Maximilian J. L. Schormair und Lara Gerlach in Koautorenschaft verfasste Papier ist im Journal of Business Ethics final zur Publikation angenommen worden.
Abstract
In the absence of effective judicial remediation mechanisms after business-related human rights violations, companies themselves are expected to establish remediation procedures for affected victims and communities. This is a challenge for both companies and victims since comprehensive company-based grievance mechanisms (CGM) are currently missing.
In this paper we explore how companies can provide effective remediation after human rights viola-tions. Accordingly, we critically assess two different approaches to conflict resolution, Alter-native Dispute Resolution (ADR) and Restorative Justice (RJ), for their potential to provide dialogue-based, non-judicial remediation. We argue that remedy through agreement-driven ADR mechanisms risks marginalizing the interests and concerns of victims and affected community members, particularly in weak institutional contexts. Hence, we develop a dia-logue-driven framework for corporate remediation of human rights violations grounded on RJ principles. This restorative framework provides a comprehensive CGM that focuses on the harms and needs of victims and aims at restoring justice through restorative dialogue. Based on a prompt discovery and a thorough investigation of the grievance, companies should de-sign and prepare the remediation process together with victims, offenders and affected com-munity members. Through restorative dialogue with the affected parties about the circum-stances and impacts of the wrongdoing, companies can repair the harm, regain legitimacy amongst stakeholders as well as transform their business practices to avoid future human rights violations.
Post-peer-review, pre-copyedit Version des Artikels (PDF).
Die Online First Version ist zugänglich unter: https://link.springer.com/article/10.1007/s10551-019-04147-2