This session will explore the challenges that rightsholders may face in seeking remediation for business-related human rights harm, including power asymmetries, lack of meaningful participation, exclusion of context-sensitive approaches, limited community trust in companies, and limited enforcement of decisions through judicial, quasi-judicial and non-judicial processes. It will also explore how businesses seeking to comply with or apply international BHR laws and standards can work to mitigate some of these barriers, including how to reasonably defend against actions in line with these standards.

The session will delve into the role of lawyers, both in-house and external, in supporting businesses to take this type of approach, as well as the role of plaintiff lawyers in strategic litigation to help break down barriers and contribute to all parties acting in good faith in these types of proceedings.