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3. REDRESS AND REMEDY States should assess what judicial and non-­‐judicial remedies are available to human rights defenders and their effectiveness, specifically in relation to ensuring access to remedy and guaranteeing non-­‐repetition in cases of abuses against human rights defenders. 3.1 Accessing remedy JUDICIAL REMEDY • Does the State guarantee non-­‐recurrence in cases of abuse against human rights defenders? Most relevant to Sections 1.6 and all sections under Guiding Principles 25 and 26 of the full NBA Template. Status/Gaps: ACCESSIBILITY • Are instruments for access to justice for human rights defenders and affected communities accessible, taking into account geographical, linguistic, and cultural barriers? Most relevant to all sections under Pillar III of the full NBA Template. Status/Gaps: LEGAL AID • Is there a dedicated legal aid fund for human rights defenders involved in legal proceedings, either in seeking legal remedy for business related human rights violations or in defending themselves against ‘judicial harassment’? If so, who may obtain support from this fund? Most relevant to Sections 1.6 and 26.2 of the full NBA Template. Status/Gaps: EXTRATERRITORIAL JURISDICTION • Is there extraterritorial jurisdiction over the actions of businesses from the State, their subsidiaries, and supply chains for actions committed abroad, particularly in relation to human rights defenders? Most relevant to Sections 25.1, 26.2, and 26.3 of the full NBA Template. Status/Gaps: INDEPENDENT COMPLAINT MECHANISMS • Are there policies in place to encourage and support the establishment of independent complaint mechanisms for alleged violations related to the operations of its businesses abroad? Do such mechanisms respect the rules of confidentiality and incorporate early warning systems regarding threats or other abuses against those who have submitted or who are considering submitting a complaint? Most relevant to Sections 25.1, 27.1, 27.2 and 28.1 of the full NBA Template. Status/Gaps: CRIMINALISING ATTACKS ON HUMAN RIGHTS DEFENDERS • Does the criminal code specifically criminalise attacks against human rights defenders? Most relevant to Sections 1.5 and 25.1 of the full NBA Template. Status/Gaps: • Are there affordable, prompt, and effective judicial remedies for violations, threats, and attacks against human rights defenders? 23