Access to Remedies in BHRs and National Human Rights Institution: Developments in Italy

Despite the unanimous endorsement of the UNGPs by the UN Human Rights Council in 2011, and despite the action progressively undertaken by States and corporate actors in order to assure the implementation of the Guiding Principles, much still remains to be done. BHRs is, indeed, at the centre of legislative, policy-making and other kind of action, especially in Europe, with the increasingly role attributed to the expectation that businesses exercise human rights due diligence. Some States have already adopted legislations in this respect and the EU has taken the lead in designing a mandatory human rights due diligence legislation applicable along the supply chains. This notwithstanding, little meaningful action has been taken in order to guarantee effective remedy to victims of corporate human rights abuse. Aside to judicial remedies, non-judicial remedies have a role to play in this respect: they can supplement judicial mechanisms in several ways, as they can be more accessible and less costly and lengthy than judicial avenues. In particular, national human rights institutions (NHRIs) that comply with the 1993 Paris Principles, may help States identifying whether national legislations are aligned with their human rights obligations, are being effectively enforced. They may also provide guidance on human rights to both States and companies. Several States worldwide have adopted NHRIs and in many cases NHRIs have been entitled to deal with BHR realm by attributing them consultative functions or powers to provide non-judicial grievance mechanisms. Present lecture aspires to focus on some developments occurred, or under progress, on these topics in Italy included on the long, and dating back, path concerning the establishment of a NHRI with a new draft law now pending before the Parliament.