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2 PROTECTION STRATEGIES
2.6 ALTERNATIVE DISPUTE RESOLUTION
The Paris Principles state that NHRIs with quasijurisdictional competencies should “seek an amicable
settlement through conciliation.”21 Settlements can be
achieved through a number of techniques that are collectively called alternative dispute resolution (ADR)
techniques. ADR takes place outside the judicial process, and focuses on addressing the human rights concerns of both parties. It is generally less adversarial
and less formal than the regular judicial processes. 22
ADR can be particularly relevant in addressing cases
that may otherwise not be effectively addressed in
the formal system. In some societies, cultural factors,
limited understanding of judicial processes, financial
restrictions or other factors may limit the extent to
which women can access the formal justice system.
ADR may serve to offer a broader platform from which
to address systemic issues and provide remedies, if
conducted in accordance with human rights principles,
and in a context in which any solutions uphold the
rights of all parties. On the other hand, techniques like
mediation and conciliation should be used cautiously
if there is a history or threat of violence, and every
effort should be made to protect the identity and safety
of victims and witnesses. Techniques such as shuttle
mediation, where the parties do not actually come face
to face, should be used in such cases.
21 UN Principles relating to the status and functioning of national institutions for protection and promotion of human rights (the “Paris
Principles”), Art. D (1).
22 See National Human Rights Institutions. History, Principles, Roles and
Responsibilities, OHCHR p. 93–99. This publication provides concrete
advice to NHRIs engaging in alternative dispute resolution.
SURVEY RESULTS
Approximately 20%
of NHRIs indicated that
they undertake some
form of alternative dispute resolution, mostly
on a non-binding or voluntary basis.
Example
The Estonian Chancellor
of Justice can undertake
non-binding conciliation
proceedings in discrimination cases where the
parties agree to the
conciliation, and make
proposals as to the
appropriate resolution of
disputes.
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