A/HRC/44/57 workplace.128 From a human rights perspective, relying on companies to regulate themselves is a mistake, and an abdication of State responsibility. The incentives for corporations to meaningfully protect human rights (especially for marginalized groups, which are not commercially dominant) can stand in direct opposition to profit motives. When the stakes are high, fiduciary obligations to shareholders will tend to matter more than considerations concerning the dignity and human rights of groups that have no means of holding these corporations to account. Furthermore, even well-intentioned corporations are at risk of developing and applying ethical guidelines using a largely technological lens, as opposed to the broader society-wide, dignity-based lens of the human rights framework. 63. States must rely upon international human rights law prohibitions on racial discrimination in ensuring corporate human rights due diligence. An example of a promising development has been proposed by the European Commission concerning mandatory due diligence for companies, 129 if such a requirement can ensure substantive human rights implementation and enforcement. C. Obligations to provide effective remedies for racial discrimination in the design and use of emerging digital technologies 64. The international human rights system operates from the premise that violations of international human rights law incur an obligation on violators to provide adequate and effective remedy to victims of those violations.130 Victims of human rights violations, including racially discriminatory violations, hold a corresponding right to full remediation, including through judicially or governmentally determined reparations. Article 6 of the International Convention on the Elimination of All Forms of Racial Discrimination is clear in this regard: States parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate human rights and fundamental freedoms contrary to the Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination. This requirement arises because, for rights to have meaning, effective remedies must be available to redress violations. 65. In the context of effective remedies for racial discrimination in the design and use of emerging digital technologies, States must ensure the full spectrum of effective remedies, including access to justice, protection against possible violations, and guarantees of cessation and non-recurrence of violations, while also combating impunity. 131 The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law set out five main elements of remedy and reparations for human rights violations: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.132 Each of these elements plays a different role in ensuring a holistic and effective remedy, one closely related to the notion of transitional justice.133 66. Restitution aims to restore the victim to the original situation before the gross violations of international human rights law occurred.134 Compensation entails the payment for economically assessable damage, including physical and mental harms, lost social 128 129 130 131 132 133 134 See https://ainowinstitute.org/AI_Now_2018_Report.pdf. See https://responsiblebusinessconduct.eu/wp/2020/04/30/european-commission-promisesmandatory-due-diligence-legislation-in-2021. See, e.g., International Covenant on Civil and Political Rights, art. 2; and International Convention on the Elimination of All Forms of Racial Discrimination, art. 6. Committee on the Elimination of Racial Discrimination, general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system; and Human Rights Committee, general comment No. 31. General Assembly resolution 60/147, annex, para. 18. A/69/518, para. 20. General Assembly resolution 60/147, annex, para. 19. 19