The UNGPs are the international standard on human rights associated with business activities and are divided into three pillars – protect, respect and remedy. Principle 31 in the remedy pillar includes a set of effectiveness criteria which are the benchmark for non-judicial grievance mechanisms. The criteria, along with aspects that should be considered for each criteria is outlined in the following table.
| Criteria | Description | Considerations |
|---|---|---|
| Legitimate | Enabling trust from the stakeholder groups for whose use they are intended, and being accountable for the fair conduct of grievance processes. |
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| Accessible | Being known to all stakeholder groups for whose use they are intended, and providing adequate assistance for those who may face particular barriers to access. |
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| Predictable | Providing a clear and known procedure with an indicative time frame for each stage, and clarity on the types of process and outcome available and means of monitoring implementation. |
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| Equitable | Seeking to ensure that aggrieved parties have reasonable access to sources of information, advice and expertise necessary to engage in a grievance process on fair, informed and respectful terms. |
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| Transparent | Keeping parties to a grievance informed about its progress, and providing sufficient information about the mechanism’s performance to build confidence in its effectiveness and meet any public interest at stake. |
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| Rights-compatible | Ensuring that outcomes and remedies accord with internationally recognised human rights. |
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| A source of continuous learning | Drawing on relevant measures to identify lessons for improving the mechanism and preventing future grievances and harms. |
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| Based on engagement and dialogue | Consulting the stakeholder groups for whose use they are intended on their design and performance, and focusing on dialogue as the means to address and resolve grievances. |
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Adapted from: United Nations OHCHR 2021