ICJ and Helsinki Foundation (Poland) submission to the Human Rights Committee

ICJ and Helsinki Foundation (Poland) submission to the Human Rights Committee

The ICJ and the Helsinki Foundation for Human Rights (HFHR) published their submission to contribute in the examination of the 6th periodic report of Poland under the International Covenant on Civil and Political Rights.

This submission addresses the consequences for Poland’s obligations under the Covenant of allegations of CIA-run secret detentions in Poland, and of renditions of suspects to and from this centre, established with a high degree of probability to have taken place between 2003 and 2005.

Poland-Human Rights Committee-non-legal submission-2010 (full text, PDF)

Access to justice: human rights abuses involving corporations – Poland

Access to justice: human rights abuses involving corporations – Poland

This study assesses the extent to which Polish law provides victims of human rights abuses involving corporate entities with remedies.
Access to legal remedies and justice has become a crucial element in today’s work of protecting human rights in the context of business activities. It is also an area of primary importance for judges and lawyers who work promoting the rule of law and human rights. This study assesses the extent to which Polish law provides victims of human rights abuses involving corporate entities with remedies. Criminal prosecution and civil remedies are important legal tools that can be used to redress human rights violations committed by companies. At the same time, there are numerous legal and practical obstacles, which can render the process of pursuing justice difficult and/or ineffective. Disputes between individuals and/or groups and corporations share common barriers regarding access to justice. The realisation of the procedural principle of “equality of arms” is one such example: the frequent disparity of arms is aggravated when the victim (claimant) lacks high-quality legal advice and has limited resources, both in regards to time and money, whilst the defendant is a powerful corporate entity.

Poland-Publications-HR Abuses involving corporations-Access to Justice-2010-ENG (full text in PDF)

Access to Justice : human rights abuses involving corporations in Netherlands

Access to Justice : human rights abuses involving corporations in Netherlands

Access to justice and effective legal remedies are crucial elements in the protection of human rights in the context of business activities.

It is also relevant to the work of judges and lawyers who promote the rule of law and human rights. The Dutch legal order allows for victims of corporate human rights abuses to seek remedy through civil or criminal proceedings. The potential for successful litigation in the criminal justice system remains limited. Civil liability is more promising, in part because civil liability may be founded on the breach of international so?-law standards of corporate conduct. In either case, complex corporate structures present a formidable barrier to successful litigation. Jurisdiction barriers are also present, as Dutch courts are generally reserved in claiming authority over foreign subsidiaries of Dutch parent companies. Notable exceptions do exist however. Procedural barriers also confront claimants of human rights abuses, particularly relating to evidence, compensation and costs. Despite these obstacles, there is much room for reform of the Dutch justice system to provide claimants of corporate human rights abuse with timely, accessible and effective adjudication.

Netherlands-access justice-publication-2010 (full text in English, PDF)

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