© UNICEF/NYHQ2009-0870/SokoL Children’s Rights and Business Principles 12345678910 The effects that business has on children can be long-lasting and even irreversible. Childhood is a unique period of rapid physical and psychological development during which young people’s physical, mental and emotional health and well-being can be permanently affected for better or worse. Adequate food, clean water, and care and affection during a child’s developing years are essential to his or her survival and health. Children are even affected by everyday hazards differently and more severely than adults. Due to their physiology, children absorb a higher percentage of pollutants to which they are exposed, and thus their immune systems are more compromised and vulnerable. Children employed or affected by a business are often invisible. Typical examples include children working illicitly in the supply chain, children on or around company premises, children employed as domestic workers in employee housing, children exposed to business products, children arrested and detained by security services and children of migrant workers left at home. To date, recognition of the responsibility of business towards children has often focused on preventing or eliminating child labour. While reinforcing standards and actions necessary to prevent and eliminate child labour, the © UNICEF/NYHQ2008-1775/Pirozzi Children’s Rights and Business Principles also highlight the diversity of ways in which business affects children. This includes the impact of their overall business operations – such as their products and services and their marketing methods and distribution practices – as well as through their relationships with national and local governments, and investments in local communities. Respecting and supporting children’s rights requires business to both Introduction prevent harm and actively safeguard children’s interests. By integrating Children under 18 years old account for almost one third of the world’s respect and support for children’s rights into the core strategies and population. In many countries, children and youth make up almost one operations, they can strengthen their existing corporate sustainability half of the national population. It is inevitable that business, whether initiatives while ensuring benefits for their business. Such efforts can build small or large, will interact with and have an effect on the lives of reputation, improve risk management and secure their ‘social license to children both directly and indirectly. Children are key stakeholders of operate’. A commitment to children can also help recruit and maintain business – as consumers, family members of employees, young a motivated workforce. Supporting employees in their roles as parents workers, and as future employees and business leaders. At the same and caregivers, and promoting youth employment and talent generation time, children are key members of the communities and environments are just some of the concrete steps that business can take. Considering in which business operates. how products and services can better meet children’s needs can also be a source of innovation and create new markets. Finally, working for children With increased attention being paid to the role of business in society helps build strong, well-educated communities that are vital to a stable, in parallel to governments and other societal actors, and with greater inclusive and sustainable business environment. awareness of the links between business and human rights, the explicit focus on the impact of business on children is also timely. Children are The Children’s Rights and Business Principles provide a comprehensive among the most marginalized and vulnerable members of society and framework for understanding and addressing the impact of business on this is evident from their lacking a public voice. They are rarely given a the rights and well-being of children. Save the Children, the UN Global say or consulted about how communities make decisions – even Compact and UNICEF hope that these Principles will serve as inspiration decisions affecting them directly, such as planning for schools and and a guide for all business in their interactions with children. recreational areas. Yet, when given the opportunity to participate, children have demonstrated that they can provide important alternative 12345678910 viewpoints and make valuable contributions. 2 ❘ Children’s Rights and Business Principles 3 ❘ Children’s Rights and Business Principles Children’s Rights and The Children’s Rights and Business Principles set out business actions to respect and support children’s rights. Children’s rights are outlined by the Business Principles Convention on the Rights of the Child, and the International Labour Organization’s Convention No. 138 on Minimum Age and Convention No. 182 on Worst Forms of Child Labour. Article 3 of the Convention on the Rights of the Child sets out the principle that, “In all actions concerning children … the best interests of the child shall be a primary consideration.” For the purposes of these Principles, actions for all business include: THE CORPORATE RESPONSIBILITY TO RESPECT -- avoiding any infringement of the human rights of others, including children, and addressing any adverse human rights impact with which the business is involved. The corporate responsibility to respect applies to the business’s own activities and to its business relationships, linked to its operations, products or services. THE CORPORATE COMMITMENT TO SUPPORT -- in addition to respecting human rights, voluntary actions that seek to advance human rights, including children’s rights, through core business activities, strategic social investments and philanthropy, advocacy and public policy engagement, and working in partnership and other collective action. Respect for children’s rights is the minimum required of business. Actions to support children’s rights are strongly encouraged even if not required. Each Principle in the Children’s Rights and Business Principles lays out actions to respect children’s rights and actions to support children’s rights. In this document, the phrase ‘children’s rights’ is synonymous with the © UNICEF/NYHQ2011-1404/Page ‘human rights of children’. 4 ❘ Children’s Rights and Business Principles 5 ❘ Children’s Rights and Business Principles Glossary commitment to consider children’s opinions – including girls and boys, the most With the exception of child/children and business, the following defined terms are marginalized, the vulnerable, and those of different ages and abilities. Their views should italicized throughout the Principles. be respected, heard and taken into account in all decisions and actions affecting them. Participation should not be tokenistic and should not exploit children. best interests of the child – one of the four core principles in the Convention on the Rights of the Child, this applies to all actions and decisions concerning children and calls child protection code of conduct – a document that sets out the business’s detailed for active measures to respect their rights and promote their survival, growth and expectations of conduct for individuals within its operations who come into contact well-being as children, as well as measures to support and assist parents and others with children. The code of conduct implements the business’s zero-tolerance policy on who have day-to-day responsibility for realizing children’s rights. violence, exploitation and abuse. It uses the Convention on the Rights of the Child and its Optional Protocols as its framework and is designed to help protect children from business – a for-profit enterprise. violence, exploitation and abuse. business relationship – those relationships a business has with business partners, child or children – article 1 of the Convention on the Rights of the Child defines children entities in its value chain, and any other State or non-state (government or as every human being under 18 years old unless, under the law applicable to the child, non-governmental) entity directly linked to its business operations, products or services. majority is attained earlier. This includes indirect business relationships in an enterprise’s value chain, beyond the first tier, as well as majority and minority shareholding positions in joint ventures. decent work – involves opportunities for work that are productive and deliver a fair income. Decent work should provide security in the workplace and social protection for child labour – work that deprives children of their childhood, their potential and their families, rights at work, social dialogue, and better prospects for personal development dignity, and that is harmful to physical and mental development. This includes work that and social integration. People, including young people of working age, should be free to is mentally, physically, socially or morally dangerous and harmful to children; work that express their concerns, to organize and to participate in the decisions that affect their interferes with their schooling; and engaging in work children who are under the lives, and have the right to equality of opportunity and treatment. minimum working age(s) set by national legislation or international standards. No child under 18 years old should be engaged in hazardous work (i.e. work that is likely to harm emergencies – situations where lives, physical and mental well-being, or development their health, safety or morals) or other worst forms of child labour such as trafficking, opportunities for children are threatened as a result of armed conflict, widespread sexual exploitation, debt bondage, forced labour and the recruitment or use of underage violence, epidemics, famine, natural disaster or the breakdown of social or legal order. children for security or military purposes. This also involves focus on the gender dimensions of child labour in light of the more likely engagement of girls in activities human rights due diligence – a business’s ongoing processes for assessing its actual such as domestic work and sexual exploitation. For further elaboration, see the and potential human rights impact, including on children’s rights, integrating and acting International Labour Organization (ILO) Conventions No. 182 on the Worst Forms of upon its findings, tracking its responses and communicating how its impact is Child Labour and No. 138 on the Minimum Age, in addition to the Optional Protocol to addressed, as set out in the Guiding Principles on Business and Human Rights endorsed the Convention on the Rights of the Child on the sale of children, child prostitution and by the United Nations Human Rights Council.1 Human rights due diligence should cover child pornography and the Optional Protocol to the Convention on the Rights of the Child adverse impact that the business may cause or contribute to through its own activities, on the involvement of children in armed conflict. or which may be directly linked to its operations, products or services by a business relationship. To carry out human rights due diligence, all business should: child participation – one of the four core principles of the Convention on the Rights of the Child, this includes processes that encourage and enable children to articulate • Identify and assess any actual or potential adverse impact on children’s rights. This and convey their views on issues that affect them. It also involves information sharing should draw on human rights expertise and involve meaningful consultation with and dialogue between children and adults based on mutual respect in an environment children and other potentially affected groups and relevant stakeholders. It should that facilitates freedom of expression. Such processes must be authentic, inclusive and take into account that girls and boys may face different risks. meaningful and should take into account the evolving capacities of children and enable them to learn constructive ways to influence the world around them. There should be a 1 ‘Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework’ as annexed to the Re¬port of the Special Representative of the United Nations Secretary-General on the issue of human rights and transnational corporations and other business enterprises, A/HRC/17/31, United Nations, 21 March 2011, available at www.ohchr.org/documents/issues/business/A.HRC.17.31.pdf Endorsed by the United Nations Human Rights Council in A/HRC/RES/17/4. 6 ❘ Children’s Rights and Business Principles 7 ❘ Children’s Rights and Business Principles • Integrate the findings from their impact assessments across relevant internal indigenous origin; and property, birth or other status. In short, it means that all children – functions and processes and take appropriate action (as defined in the Guiding in all situations, all of the time, everywhere – have the same right to develop to their full Principles). Where a business causes or contributes to an adverse impact on potential. children’s rights, or where it may do so, it should take the necessary steps to cease or prevent the activity, or its contribution to it, and use its leverage to mitigate any policy commitment – a statement that sets out the business’s responsibility to respect remaining impact. Where a business is linked to an adverse impact by a business rights, including children’s rights, as described in the Guiding Principles on Business and relationship, it should use its leverage and consider other relevant factors in Human Rights. A policy commitment should be approved at the most senior level of determining the appropriate action to take. the business and be informed by relevant expertise. It should stipulate the business’s expectations of personnel, business partners and others directly linked to its operations, • Monitor and track the effectiveness of the business’s responses in order to verify products or services. It should be publicly available, communicated internally and whether the adverse impact on children’s rights is being addressed, using externally, and embedded in relevant policies and procedures. It may also include a appropriate qualitative and quantitative indicators and drawing on feedback from statement of the business’s commitment to support rights. internal and external sources, including affected children, families and other stakeholders.2 The business should consider using tools such as performance remediation – both the processes of providing a remedy for an adverse human rights contracts and reviews, surveys and audits (self-assessments or independent audits) impact and to the substantive outcomes that can counteract, or make good, the adverse on a periodic basis.3 impact. Where a business identifies that it has caused or contributed to an adverse • Be prepared to communicate externally on its efforts to address the impact of impact on human rights, it should provide for or cooperate in their remediation through business on children’s rights in a form and frequency that reflect such an impact and legitimate processes, including effective operational level grievance mechanisms or that is accessible to its intended audiences. The business should provide sufficient judicial mechanisms, as appropriate. Operational level mechanisms should be accessible information to evaluate the adequacy of its responses. Such communication should to girls and boys, their families and those who represent their interests, and meet the not pose risks to affected stakeholders, personnel or to legitimate requirements of effectiveness criteria for non-judicial grievance mechanisms set out in Principle 31 of the commercial confidentiality. Guiding Principles on Business and Human Rights. These processes should be appropriate to the business’s size and circumstances and be survival and development – one of the four core principles in the Convention on the in alignment with the Guiding Principles on Business and Human Rights. Rights of the Child, this recognizes that there are optimal conditions for childhood. Rights such as social security, health, adequate nutrition and standard of living, a healthy leverage – the ability of a business to effect change in the wrongful practices of the and safe environment, education, leisure and play are all relevant to ensuring the healthy party that is causing or contributing to an adverse impact on human rights. Where a development of each child. Protection from violence and exploitation is also vital to each business has leverage to prevent or mitigate an adverse impact on human rights that is child’s survival and development. directly linked to its operations, products or services by a business relationship, it should use that leverage. If it lacks leverage, there may be ways to increase it, for example, by value chain – a business’s value chain encompasses the activities that convert inputs offering capacity-building or other incentives, or collaborating with other actors. The into outputs by adding value. It includes entities with which the business has a direct business should also consider how crucial the relationship is to the business, the or indirect business relationship and which either a) supply products or services that severity of the impact, and whether terminating the relationship would have adverse contribute to the business’s own products or services, or b) receive products or services human rights consequences, following the approach set out in Principle 19 of the from the business. Guiding Principles on Business and Human Rights. young worker – a child who is above the minimum legal working age and engaged in non-discrimination – one of the four core principles enshrined in the Convention on the economic activity. It is an age group that is subject to designation as child labour if the Rights of the Child, this provides for equal treatment of an individual irrespective of race, work or working conditions are hazardous. colour, sex, language, disability, religion, political or other opinions; national, social or 2 When direct consultation with affected stakeholders is not possible for small and medium sized business with limited human rights risks, due to legitimate financial, geographical or other constraints, the business should seek other independent external expert resources and insights offered by organizations or individuals that legitimately convey the perspectives – or likely perspectives – of those who may be affected by the enterprise’s activities or relationships. 3 Regarding suppliers, in addition to communicating clearly expectations of conduct, steps that business may take also include examples of capacity building efforts and collaborating with other business to increase leverage. For further guidance, see UN Global Compact supply chain sustainability guidance: http://www.unglobalcompact.org/docs/issues_doc/supply_chain/SupplyChainRep_spread.pdf] 8 ❘ Children’s Rights and Business Principles 9 ❘ Children’s Rights and Business Principles “We are not the sources of problems; we are the resources that are needed to solve them. We are not expenses; we are investments. We are not just young All business 1 Meet their responsibility to respect children’s rights and commit to supporting the human rights of children 2 people; we are people and citizens of this world.” From ‘A World Fit for Us’, Message from the Children’s Forum, 5-7 May 2002, United Nations Special Session on Children. should Contribute to the elimination of child labour, including in all business activities and business  relationships 3 Provide decent work for young workers, parents and caregivers 4 Ensure the protection and safety of children in all business activities and facilities 5 Ensure that products and services are safe, and seek to support children’s rights through them 6 Use marketing and advertising that respect and support children’s rights 7 Respect and support children’s rights in relation to the environment and to land acquisition and use 8 Children in Fact Respect and support children’s rights in • There are 2.2 billion children under 18 years old in the world - this is almost one security arrangements third of the world’s population. • Adolescents, age 10-19, represent 18 per cent of the total population. 9 • 1 billion children are deprived of one or more services essential to survival and development. • 2 million children under age 15 worldwide are living with HIV. Help protect children affected by emergencies • 215 million children are engaged in child labour. • 101 million children are not attending primary school. 10 • 51 million children are unregistered at birth. Reinforce community and government For more statistics on children, see http://www.childinfo.org/index.html efforts to protect and fulfil children’s rights 10 ❘ Children’s Rights and Business Principles 11 ❘ Children’s Rights and Business Principles Preamble All children have rights, everywhere and at all times.4 And all children’s rights are The Principles also elaborate on existing standards for business, such as the United equally important and interrelated. The Children’s Rights and Business Principles Nations Global Compact’s ‘Ten Principles’6 and the Guiding Principles on Business (the Principles) call on business everywhere to respect and support children’s rights and Human Rights endorsed by the United Nations Human Rights Council. throughout their activities and business relationships, including in the workplace, the marketplace, the community and the environment. The Principles identify a Governments at all levels have the duty to protect, respect and fulfil children’s comprehensive range of actions that all business should take to prevent and rights. However, all societal actors, including business, must comply with applicable address any adverse impact on children’s human rights, as well as measures all national law and respect international standards on children’s rights. Responding business is encouraged to take to help advance children’s rights. The Principles to the international community’s call on all members of society to join in a global aspire to be a key reference point for existing and future voluntary and other movement that will help build a world fit for children, the Principles seek to initiatives on business and children, and to promote multi-stakeholder collaboration. elaborate business’s role in respecting and supporting children’s rights.7 They are for all business, transnational and other, regardless of their size, sector, location, ownership and structure. The Principles also seek to inform other societal Nothing in the Principles should be taken to justify application of standards lower actors, including governments and civil society, in their engagement with business. than those in force in a particular country or under international law. As a result of their rapid physical and psychological development, children have The Principles were developed in consultation with children, business, investors, survival and development needs that differ from those of adults. Children are trade unions, national human rights institutions, civil society, governments, particularly vulnerable to violence, exploitation and abuse, especially during academics, United Nations entities, child rights experts and business experts. emergencies. The impact of climate change and pollution on children can also be more serious and long-lasting than those on adults. At the same time, children make important contributions to their households, communities and societies. Children are key stakeholders of business – as consumers, future employees and business leaders, and as members of the communities and environments in which a business operates. They should be empowered to have a voice in decisions that affect them in line with the principle of child participation as outlined in the Convention on the Rights of the Child. The Principles are derived from the internationally recognized human rights of children, and do not create new international legal obligations. In particular, they are founded on the rights outlined in the Convention on the Rights of the Child and its Optional Protocols. The Convention is the most widely ratified human rights treaty: 193 countries are currently States parties (governments that have signed and ratified the Convention). The Principles are also based on the International Labour Organization’s Conventions No. 182 on the Worst Forms of Child Labour and No. 138 on the Minimum Age.5 © save the children 4 The Convention on the Rights of the Child defines children as every human being under 18 years old, unless under the law applicable to the child, 6 See www.unglobalcompact.org majority is attained earlier. 7 A World Fit for Children (2002). See also, A World Fit for Children Plus 5 (2007). 5 Other international standards with relevant provisions include the Convention on the Elimination of all Forms of Discrimination against Women (1979), the Convention on the Rights of Persons with Disabilities (2006) and the United Nations Declaration on the Rights of Indigenous Peoples (2007). The United Nations Study on Violence against Children (2006) is another key reference document. 12 ❘ Children’s Rights and Business Principles 13 ❘ Children’s Rights and Business Principles 1 All business Meet their responsibility to respect should  children’s rights and commit to supporting the human rights of children “Do not take advantage Actions for all business include: of us, we ask you to a. Recognizing the core principles underpinning children’s rights be responsible. Do not The Convention on the Rights of the Child outlines basic entitlements and freedoms that apply to all children without discrimination, and has four core support us because you principles that should underpin any action concerning children, whether taken by governments, parents, communities or the private sector. These four core feel pity for us; instead principles are: the best interests of the child; non-discrimination; child support us because participation; and survival and development. we deserve it. We © UNICEF/NYHQ2011-1388/Page b. Meeting the responsibility to respect children’s rights purchase your products This requires avoiding the infringement of children’s rights and addressing any adverse impact on children’s rights with which the business is involved. The and services, but we corporate responsibility to respect applies to the business’s own activities and to ask you to invest in our its business relationships, including but not limited to those activities and relationships identified in subsequent Principles. development. We do • Identify and assess any actual or potential adverse impact on children’s rights. In order to meet this responsibility, all business should put in place appropriate not want gifts; we want policies and processes, as set out in the Guiding Principles on Business and This should draw on human rights expertise and involve meaningful consultation with children and other potentially affected groups and relevant you to be responsible.” Human Rights endorsed by the United Nations Human Rights Council.8 stakeholders. It should take into account that girls and boys may face Young person in Peru, ‘Children’s different risks. These include: Participation in CSR’, 2010, Save i. Policy Commitment: a statement that sets out the business’s • Integrate the findings from their impact assessments across relevant internal the Children. responsibility to respect rights, including children’s rights, as described in functions and processes and take appropriate action (as defined in the Guid- the Guiding Principles on Business and Human Rights. A policy commitment ing Principles). Where a business causes or contributes to an adverse impact should be approved at the most senior level of the business and be informed on children’s rights, or where it may do so, it should take the necessary steps by relevant expertise. It should stipulate the business’s expectations of to cease or prevent the activity, or its contribution to it, and use its leverage personnel, business partners and others directly linked to its operations, to mitigate any remaining impact. Where a business is linked to an adverse products or services. It should be publicly available, communicated internally impact by a business relationship, it should use its leverage and consider other and externally, and embedded in relevant policies and procedures. It may also relevant factors in determining the appropriate action to take. include a statement of the business’s commitment to support children’s rights. • Monitor and track the effectiveness of the business’s responses in order to verify whether an adverse impact on children’s rights is being addressed, ii. Human Rights Due Diligence: a business’s ongoing processes for using appropriate qualitative and quantitative indicators and drawing on assessing its actual and potential human rights impact, including on children’s feedback from internal and external sources, including affected children, rights, integrating and acting upon its findings, tracking its responses and © UNICEF/NYHQ2011-1157/Holt families and other stakeholders. The business should consider using tools communicating how its impact is addressed. Human rights due diligence should such as performance contracts and reviews, surveys and audits cover any adverse impact that the business may cause or contribute to through (self-assessments or independent audits) on a periodic basis. its own activities, or which may be directly linked to its operations, products or services by a business relationship. To carry out human rights due diligence, all • Be prepared to communicate externally on their efforts to address the business should: business impact on children’s rights in a form and with the frequency that reflect such an impact and that is accessible to its intended audiences. The business should provide sufficient information to evaluate the adequacy of its 8 “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework” as annexed to the responses. Such communication should not pose risks to affected Re¬port of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business stakeholders, personnel or to legitimate requirements of commercial enterprises, A/HRC/17/31, United Nations, 21 March 2011, available at www.ohchr.org/documents/issues/business/A.HRC.17.31.pdf Endorsed by the confidentiality. United Nations Human Rights Council in A/HRC/RES/17/4. 14 ❘ Children’s Rights and Business Principles 15 ❘ Children’s Rights and Business Principles 1 All business Meet their responsibility to respect should  children’s rights and commit to supporting the human rights of children iii. Child-sensitive processes to enable Remediation: the processes to enable remediation of any adverse impact on children’s rights that the business causes or contributes to. Where a business identifies that it has caused or contributed to an adverse impact on human rights, it should provide for or cooperate in their remediation through legitimate processes, including effective operational level grievance mechanisms or judicial mechanisms, as appropriate. Operational level mechanisms should be accessible to girls and boys, their families and those who represent their interests, and meet the effectiveness criteria for non-judicial grievance mechanisms set out in Principle 31 of the Guiding Principles on Business and Human Rights. c. Making a commitment to support the human rights of children In addition to respecting children’s rights, business can have a significant role in supporting children’s rights throughout their activities and business relationships. This may be through core business activities, strategic social investments and philanthropy, advocacy and public policy engagement, and working in partnership or other collective action. Opportunities to support children’s rights will often be identified through a business enterprise’s human rights due diligence processes, including through consultation with children and their families, as well as with © PLaying for change appropriate experts in children’s rights. Voluntary action in support of children’s rights must be in addition to and not a substitute for action taken to respect children’s rights, and should be guided by the core principles of child rights. d. Becoming a champion for children’s rights Business is encouraged to promote children’s rights, these Principles and related best business practices, including among suppliers, business partners and peers. GOOD An international apparel company worked with a children and women’s rights non-governmental organization (NGO) to set up a grievance access point for PRACTICE: Establishing an local supplier factories in Bangladesh. The NGO had particular expertise work- accessible grievance ing with women and children, and provided a trusted access point to which channel workers could bring their grievances. It provided an alternative, secure channel that workers could use to contact the apparel company about workplace issues. The system has already provided valuable feedback from workers, and made it easier for the apparel company to engage the supplier factory in remediation. 16 ❘ Children’s Rights and Business Principles 17 ❘ Children’s Rights and Business Principles 2 All business Contribute towards the elimination of should  child labour, including in all business activities and business relationships iv. Establish or participate in a task force or committee on child labour in “It is important that The corporate responsibility to respect includes respect for the rights in the representative employers’ organizations at the local, state or national level. International Labour Organization’s Declaration on Fundamental Principles businesses work… and Rights at Work. Actions for all business include: v. Support the development and implementation of a national action plan to better understand a. Eliminating child labour against child labour as part of key policy and institutional mechanisms to combat child labour at the national level. human rights and Do not employ or use children in any type of child labour. Establish robust vi. Participate in programmes to promote youth employment, skills development age-verification mechanisms as part of recruitment processes and ensure that the implications their these mechanisms are also used in the value chain. Be aware of the presence of and job training opportunities for young workers above the minimum age for all children in the workplace. In removing children from the workplace, measures employment. actions have over to ensure protection of affected children, and, where appropriate, decent work for vii. Seek to concentrate production in the formal economy and avoid informal adult household members should be pursued. Do not put pressure on suppliers, people’s lives.” contractors and subcontractors that are likely to result in abuses of children’s rights. working arrangements that may contribute to child labour. Young people from Paraguay, b. Preventing, identifying and mitigating harm to young workers and Children’s Consultations for the protecting them from work that is prohibited for workers under 18 years Children’s Rights and Business old or beyond their physical and psychological capacity Prevent, identify and mitigate harm to young workers and protect them from Principles Initiative, 2011 work that is prohibited for workers under 18 years old or beyond their physical and psychological capacity. Protect children from hazardous work, which is likely to harm their health, safety and morals. Prevent and eliminate workplace hazards or remove children from such workplaces. Children in hazardous work should be © SAVE THE CHILDREN removed immediately from the source of the hazard and protected against loss of income as a result of such interventions. Be mindful that children of working age may face different risks in the workplace than adults, and that girls may face different risks than boys. Respect, in particular, children’s right to information, freedom of association, collective bargaining, participation, non-discrimination, A global home furnishings company has developed a comprehensive GOOD privacy and protection from all forms of workplace violence – including physical, mental and other humiliating punishment, bullying and sexual abuse. approach to preventing child labour in its supply chain. Suppliers are PRACTICE: supported in implementing a corrective action plan if child labour is identified, Addressing the Root Causes of Child which should take the child’s best interests into consideration, including age, Labour The corporate commitment to support includes: family and social situation and level of education. The action plan emphasizes that responses should not merely move child labour from one c. Working with governments, social partners and others to promote supplier’s workplace to another, they should instead enable more viable and education and sustainable solutions to the root causes of child labour sustainable alternatives for the children involved. Since 2000, the company i. Work with business peers, communities, child rights organizations, trade unions and has developed long-term partnerships with child rights organizations to © SAVE THE CHILDREN governments to promote children’s education and sustainable solutions to the root prevent and eliminate child labour in rural communities, including supporting causes of child labour. large-scale programmes to create awareness and mobilize local communities ii. Support broader community, national and international efforts to eliminate child labour, around school enrolment drives and improved quality of education, aiming for including through social mobilization and awareness raising, and programmes to both boys and girls to finalize their schooling. Another important eradicate child labour that are designed and carried out in cooperation with local component is the formation of self-help groups among rural women, helping community members and children. them to enhance their economic, social and legal status by improving access iii. Work in partnership with other companies, sectoral associations and employers’ to credit and income-generating opportunities. This helps to reduce the organizations to develop an industry-wide approach to address child labour, and build burden of debt that is one major reason families send their children to work. bridges with trade unions, law enforcement authorities, labour inspectorates and others. 18 ❘ Children’s Rights and Business Principles 19 ❘ Children’s Rights and Business Principles 3 All business Provide decent work for young workers, should  parents and caregivers “Pay our parents The corporate responsibility to respect includes: d. Providing decent working conditions that also support workers, both women and men, in their roles as parents or caregivers adequately so that a. Providing decent work for young workers Beyond legal compliance, pay particular attention to working conditions such as Respect the rights of children above the minimum age for work, and promote the payment of a living wage, length and flexibility of working hours, provisions children do not social dialogue and rights at work, provision of safe working conditions, for pregnant and breastfeeding women, need for parental leave, supporting protection from abuse and exploitation, and access to gender-appropriate water, migrant and seasonal workers with distance parenting, and facilitating access to have to drop out of sanitation and hygiene facilities. good quality childcare, health care and education for dependants. school.” b. Being responsive to the vulnerability of young workers above the minimum age for work 13-year old boy from India, ‘Children’s Participation in CSR’, i. All business should adopt and endorse, at the highest level, their policy commitment regarding the rights of children and of young workers, including 2010, Save the Children. their right to be protected from violence and abuse. The policy should protect children above the minimum age for regular work from hazardous work: it should consider, among other things, limits to hours of work; restrictions on work at dangerous heights, as well as work with dangerous machinery, equipment and tools; the transport of heavy loads; exposure to hazardous substances or processes, and difficult conditions such as work at night or work where the young worker is unreasonably confined to the premises of the employer.9 Responsibility for implementing this policy must be mainstreamed and shared by management, although the business may choose to allocate specific managerial responsibility for supervising its implementation. ii. Business policies on harassment should pay attention to the vulnerability of young workers. These policies should be enforced consistently and employees © UNICEF/NYHQ2011-1601/LeMoyne and others on company premises should receive training on them. Grievance mechanisms should be effective and also accessible to young workers. iii. Business may require management and encourage trade unions and their © SAVE THE CHILDREN elected representatives to pay special attention to protecting the rights of young workers. Trade unions may decide to elect young worker representatives/stewards to monitor working conditions of youth; this is a matter for the autonomous decision of the trade union concerned. A multinational company based in the United Kingdom partnered with a GOOD Chinese women’s NGO in 2009 to provide assistance to the children left PRACTICE: The corporate commitment to support includes: behind by migrant worker parents in 10 provinces of China. The initiative is Supporting migrant expected to benefit around 600,000 families. Under the programme, workers with c. Providing decent work for young workers parent-to-child telephone cards, known as ‘love cards’ are issued, to distance parenting Promote decent work opportunities for young workers, including age-appropriate facilitate regular communication between migrant workers and their social protection and health information and services. Quality education and children and families. The programme also provides practical guidance relevant vocational training and livelihood development programmes are of to the families and children who are left at home while parents migrate particular importance, as is the opportunity to earn a living. from rural to urban China for work. Statistics show that there are 58 million children left behind within the country, which accounts for 30 per cent of the total number of children in rural China. More than 40 million of these 9 For further guidance, see International Labour Organization ‘R190 Worst Forms of Child Labour Recommendation’, 1999, available at children are less than 14 years old. http://www.ilo.org/ilolex/cgi-lex/convde.pl?R190 20 ❘ Children’s Rights and Business Principles 21 ❘ Children’s Rights and Business Principles 4 All business Ensure the protection and safety of should  children in all business activities and facilities “In our view, The corporate responsibility to respect includes: violence committed a. Addressing safety and protection risks to children’s rights posed by business facilities and staff in the course of business activities against a single child i. Ensure that company facilities are not used to abuse, exploit or harm children. is one instance of violence too many.” ii. Ensure that potentially dangerous areas of company facilities do not pose a safety threat to children, during or outside business hours. Children in West and Central iii. Make clear to staff that the business’s zero tolerance policy for violence, Africa, 2005 (United Nations exploitation and abuse applies in all business activities, even when conducted Study on Violence against away from business facilities. Children) iv. Take appropriate action when concerns of possible violence, exploitation or abuse arise. v. Ensure that young workers above the minimum age for work are protected © UNICEF/NYHQ2007-2695/Pirozzi from hazardous work. The corporate commitment to support includes: b. Developing and implementing a child protection code of conduct Develop a child protection code of conduct for business operations. Ensure awareness of and ongoing training on the code of conduct. Recommend that a child protection code of conduct be developed by others linked to the business’s GOOD operations, products or services through a business relationship. A global hospitality and travel company has implemented a PRACTICE: comprehensive strategy to combat and raise awareness about sexual Protecting Children exploitation and child trafficking. The company is a member of The Code from Sexual (Code of Conduct for the Protection of Children from Sexual Exploitation in Exploitation Travel and Tourism). As part of their commitment, it requires all suppliers to agree to a legally binding clause in their contracts affirming their denouncement of the commercial sexual exploitation of children. Specialized child protection training has been integrated into employee training programmes. Since late 2011, the company began to issue special advisory notices on electronic travel itineraries issued in the U.S. to specific destinations with a high prevalence of child trafficking and sexual © UNICEF/NYHQ1991-0239/Toutounji exploitation. Travellers are also provided with a dedicated hotline number to report any instances of sexual exploitation or suspicious behaviour. The company also works to address root causes of the problem through partnerships with community organizations working for the elimination of child trafficking. 22 ❘ Children’s Rights and Business Principles 23 ❘ Children’s Rights and Business Principles 5 All business Ensure that products and services are should  safe, and seek to support children’s rights through them Monitor not only the The corporate responsibility to respect includes: sales, but find out a. Ensuring that testing and research of products and services likely to be used or consumed by children is conducted in line with relevant national who is and international standards. consuming the b. Ensuring that products and services for children or to which children may product and make be exposed are safe and do not cause mental, moral or physical harm. efforts to prevent c. Restricting access to products and services that are not suitable for children or that may cause them harm, while ensuring that all such stores from selling actions align with international standards, including non-discrimination, harmful products to freedom of expression and access to information. children. d. Taking all reasonable steps to eliminate discrimination against any child or group of children in the provision of products and services. Young People from the e. Seeking to prevent and eliminate the risk that products and services could © UNICEF/NYHQ2009-0576/Ramoneda Philippines, Children’s be used to abuse, exploit or otherwise harm children in any way. Consultations for the Children’s Rights and Business Principles Initiative The corporate commitment to support includes: f. Taking steps to maximize the accessibility and availability of products and services that are essential to children’s survival and development. g. Seeking opportunities to support children’s rights through products and GOOD An American car manufacturer has given an explicit focus to children in its PRACTICE: services, as well as their distribution. research. The programme focuses solely on advancing the safety of Focusing on children, youths and young adults. A multidisciplinary team of children in auto paediatricians, psychologists, statisticians, epidemiologists and engineers safety seeks to better understand the complexities of injury prevention and to translate science into comprehensive, effective interventions that save children’s lives. In doing so, the firm is recognizing that children are not just small adults, and that research on adult injury prevention cannot be applied to children. As a result, the programme focuses on the specific needs of children and teens. For example, children are the primary occupants of the second and third rows in vehicles, so automakers need to optimize safety restraints for them. © UNICEF/NYHQ2011-1314/Dormino 24 ❘ Children’s Rights and Business Principles 25 ❘ Children’s Rights and Business Principles 6 All business Use marketing and advertising that should  respect and support children’s rights “We need to foster The corporate responsibility to respect includes: healthy, realistic a. Ensuring that communications and marketing do not have an adverse impact on children’s rights self-images. Adults This applies to all media outlets and communication tools. Marketing should not reinforce discrimination. Product labelling and information should be clear, and adolescents accurate and complete, and empower parents and children to make informed must work together decisions. In assessing whether there is or may be an adverse impact on children’s rights and taking action to integrate and act upon the findings, consider to highlight the factors such as: children’s greater susceptibility to manipulation, and the effects of using unrealistic or sexualized body images and stereotypes. existing beauty in girls as well as to b. Complying with the standards of business conduct in World Health Assembly instruments related to marketing health10 celebrate other Comply with the standards of business conduct in World Health Assembly instruments related to marketing and health in all countries. Where national law virtues that go prescribes a higher standard, business must follow that standard. beyond body image © UNICEF/NYHQ2010-2453/Dormino – such as honesty, The corporate commitment to support includes: intelligence, integrity c. Using marketing that raises awareness of and promotes children’s rights, positive self-esteem, healthy lifestyles and non-violent values and generosity” A 16-year-old girl from Jordan, living in the United States. GOOD State of the World’s Children A European laundry soap brand used its marketing campaign to also create awareness of children’s right to play, the right to express themselves PRACTICE: 2011 Promoting the right – in short, the right to be a child! It encourages parents to see the value of to play and active exploration, play, activity and exercise as critical to children’s development lives and important for full and healthy lives, even if it means that children get dirty in the process. It has run a series of television commercials in countries all over the world emphasizing the value of play and active lifestyles. © SAVE THE CHILDREN 10 World Health Assembly instruments on marketing and health include: the International Code of Marketing of Breast-Milk Substitutes (1981) and subsequent relevant World Health Assembly resolutions (national measures have been adopted in many countries to give effect to both); the WHO Framework Convention on Tobacco Control (2003); Set of Recommendations on the Marketing of Foods and Non-Alcoholic Beverages to Children; and the World Health Assembly’s Global Strategy to Reduce the Harmful Use of Alcohol (2010). 26 ❘ Children’s Rights and Business Principles 27 ❘ Children’s Rights and Business Principles 7 All business Respect and support children’s rights in should  relation to the environment and to land acquisition and use Each year, around The corporate responsibility to respect includes: three million a. Respecting children’s rights in relationship to the environment i. When planning and implementing environmental and resource-use children under five strategies, ensure that business operations do not adversely affect children’s rights, including through damage to the environment or reducing access to years old die due to natural resources. environment-related ii. Ensure the rights of children, their families and communities are addressed in diseases. contingency plans and remediation for environmental and health damage from business operations, World Health Organization, including accidents. Global Plan of Action for Children’s Health and the b. Respecting children’s rights as an integral part of human rights Environment (2010 - 2015) considerations when acquiring or using land for business operations i. Where possible, avoid or minimize displacement of communities affected by land acquisition or land use for business purposes. Engage in meaningful, © UNICEF/NYHQ2006-2608/Kamber informed consultation with potentially affected communities to ensure that any adverse impact on children’s rights is identified and addressed and that communities participate actively in and contribute to decision-making on matters that affect them directly. Seeking the free, prior and informed consent of indigenous peoples is specifically required for any project that affects their communities, and it is a desirable goal for any community impacted by a company’s use or acquisition of land. ii. Respect children’s rights – especially their right to education, protection, GOOD health, adequate food and adequate standard of living and participation – when A leading Indian company recognized the valuable contributions that planning and carrying out resettlement and providing for compensation. PRACTICE: schools and schoolchildren – together with youth, parents, teachers, Schoolchildren partners and the community at large – can make to help curb excess power learn about energy usage. As the demand for power in India increases, and energy resources conservation The corporate commitment to support includes: are being rapidly depleted, the company sought to involve youth in an initiative to avert a crippling power crisis. In 2007, it began raising c. Supporting children’s rights in relationship to the environment where awareness among school children in Mumbai about energy conservation future generations will live and grow issues and gave them the tools and skills they need to share this Take measures to progressively reduce the emission of greenhouse gases from information with their families and communities. The initiative has grown © SAVE THE CHILDREN company operations and promote resource use that is sustainable. Recognize to become a national movement involving more than 250 schools and that these actions and other initiatives to better the environment will impact educating more than 1 million citizens. future generations. Identify opportunities to prevent and mitigate disaster risk and support communities in finding ways to adapt to the consequences of climate change. 28 ❘ Children’s Rights and Business Principles 29 ❘ Children’s Rights and Business Principles 8 All business Respect and support children’s rights in should  security arrangements “War and politics are The corporate responsibility to respect includes: always adult games, a. Respecting children’s rights in security arrangements i. When making and implementing security arrangements, whether with but children are public or private security service providers, conduct human rights due diligence with particular attention to any adverse impact on the rights of al¬ways the losers.” children. Eliza Kantardzic, 17, Bosnia and ii. Ensure that respect for the rights of children is explicitly addressed in the Herzegovina, United Nations business’s security contracts. Security Council Meeting on iii. Do not recruit or use children in security arrangements either directly or Children and Armed Conflict, through private or public security service providers. 2002 The corporate commitment to support includes: b. Supporting children’s rights in security arrangements © UNICEF/NYHQ2010-1152/Asselin All business is encouraged to apply evolving best practices in the management of security services provided by private contractors or public security forces. GOOD Established in 2000, the Voluntary Principles on Security and Human PRACTICE: Rights – an initiative by governments, non-governmental organizations, The Voluntary and companies – provides guidance to business in the extractive and Principles on energy sectors on maintaining the safety and security of their operations Security and within a framework that ensures respect for human rights and fundamental Human Rights freedoms. The Voluntary Principles are the only human rights guidelines designed specifically for oil, gas and mining companies. They cover three categories: risk assessment, public security and private security. As stated in the Voluntary Principles: “The participants recognize the importance of the promotion and protection of human rights throughout the world and the constructive role business and civil society – including non-governmental organizations, labor/trade unions, and local © UNICEF/NYHQ2004-1163/LeMoyne communities – can play in advancing these goals.” 30 ❘ Children’s Rights and Business Principles 31 ❘ Children’s Rights and Business Principles 9 All business Help protect children affected by should  emergencies “Companies should The corporate responsibility to respect includes: think about a. Respecting children’s rights in the context of emergencies Avoid causing or contributing to the infringement of children’s rights in the emergencies all the context of emergencies. Recognize the heightened human rights risk in the context of armed conflict and other emergencies, and undertake human rights time and not only due diligence accordingly. Take into account that emergencies can significantly when it happens. increase the risk of any adverse impact on children’s rights, and that certain groups of children may be more vulnerable, including children with disabilities, This means that displaced, migrant, separated and unaccompanied children and indigenous children, and that girls and boys may be affected in different ways. companies should have a program to The corporate commitment to support includes: reduce and mitigate b. Supporting the rights of children affected by emergencies damage.” i. Help protect children whose rights are affected by emergencies by raising awareness among workers and community members of the increased risks of violence, abuse and exploitation of children in such contexts. © UNICEF/NYHQ2010-0681/Jerry Young people in Brazil, Children’s Consultations for the ii. Where needed and requested, and in accordance with best practices, support Children’s Rights and Business authorities and humanitarian agencies in emergency response. Support should Principles Initiative be based on assessed need and within a framework of accountability to affected populations. iii. Make a positive contribution to sustainable peace and development.11 GOOD An international consulting company with project management expertise PRACTICE: teamed up with an international organization to bring educational Skills-based resources to refugee children. A major initiative in this collaboration has education for been the provision of skills-based education for approximately 30,000 refugee children refugee children in eastern Chad. By bringing its management expertise, the business supported the international organisation in defining tangible actions, deliverables and metrics to highlight progress. A key challenge is © UNICEF/NYHQ2006-1679/Brooks that ongoing conflict and instability on the ground have made it difficult to establish sustained education programmes and provide children with an appropriate curriculum for a consistent period of time. Programme entry questionnaires seek to identify key child protection concerns to facilitate addressing them as part of the initiative. The company is also helping to raise public awareness on the situation of refugees. 11 See for example, the joint United Nations Global Compact - Principles for Responsible Investment publication, ‘Guidance on Responsible Business in Conflict-Affected and High-Risk Areas: A Resource for Companies and Investors’, 2010. http://www.unglobalcompact.org/Issues/conflict_prevention/guidance_material.html 32 ❘ Children’s Rights and Business Principles 33 ❘ Children’s Rights and Business Principles 10 All business Reinforce community and government should  efforts to protect and fulfil children’s rights “Together we will The corporate responsibility to respect includes: build a world in a. Not undermining government efforts to protect and fulfil children’s rights Recognize that respect for the rule of law and the use of responsible business which all girls and practices, including the payment of taxes to generate revenues, are essential for governments to meet their obligations to protect and fulfil children’s rights. boys can enjoy childhood – a time of The corporate commitment to support includes: play and learning, in b. Supporting government efforts to protect and fulfil children’s rights. which they are loved, respected and c. Considering undertaking strategic social investment programmes for children Contribute to existing programmes or plan and implement social investment cherished, their programmes in cooperation with governments, civil society and children. Health, education, recreation, child protection and raising awareness of rights are promoted children’s rights have been identified by children and child rights experts as priori- © UNICEF/NYHQ2009-1926crop/Pirozzi ties for children. and protected, without discrimination of any kind…” ‘A World Fit for Children’, United Nations General Assembly, 11 October 2002 GOOD A leading global financial institution has committed to improving PRACTICE: education on a global scale and to supporting efforts to achieve the Employees support Millennium Development Goals to ensure that every child has access to every child’s right to quality basic education. The employees are the cornerstone of the education programme’s success. Since the launch in 2005, company employees have donated their time and money to projects for many local children’s initiatives. The financial institution contributes to their efforts by matching all donations. To date, these efforts have contributed US$13 million for education projects. © UNICEF/NYHQ1999-0859/LeMoyne 34 ❘ Children’s Rights and Business Principles 35 ❘ Children’s Rights and Business Principles Summary of the Convention on the Rights of the Child Article 12 Respect of the child’s views. The child has the right to express his or her opinion freely and to have The following text is an unofficial summary of the Convention on the Rights of the Child. The full that opinion taken into account in any matter or procedure affecting the child. version of the Convention and its Optional Protocols can be found at http://www2.ohchr.org/english/bodies/crc/ Article 13 Freedom of expression. The child has the right to express his or her views, obtain information and Preamble make ideas or information known, regardless of frontiers. The preamble recalls the basic principles of the United Nations and specific provisions of certain relevant human rights treaties and proclamations. It reaffirms the fact that children, because of their Article 14 vulnerability, need special care and protection, and it places special emphasis on the primary caring Freedom of thought, conscience and religion. The State shall respect the child’s right to freedom of and protective responsibility of the family. It also reaffirms the need for legal and other protection of thought, conscience and religion, subject to appropriate parental guidance. the child before and after birth, the importance of respect for the cultural values of the child’s community and the vital role of international cooperation in securing children’s rights. Article 15 Freedom of association. Children have a right to meet with others, and to join or form associations. Article 1 Definition of a child. A child is recognized as a person under 18, unless national laws recognize an Article 16 earlier age of majority. Protection of privacy. Children have the right to protection from interference with their privacy, family, home and correspondence, and to protection from libel or slander. Article 2 Non-discrimination. All rights apply to all children without exception. It is the State’s (national Article 17 government’s) obligation to protect children from any form of discrimination and to take positive action Access to appropriate information. The State shall ensure the accessibility to children of to promote their rights. information and material from a diversity of sources, and it shall encourage the mass media to disseminate information that is of social and cultural benefit to the child, and take steps to protect him Article 3 or her from harmful materials. Best interests of the child. All actions concerning the child shall take full account of his or her best interests. The State shall provide the child with adequate care when parents, or others charged with Article 18 parental responsibility, fail to do so. Parental responsibilities. Parents have joint primary responsibility for raising the child, and the State shall support them in this. The State shall provide parents with appropriate childraising assistance. Article 4 Implementation of rights. The State must do all it can to implement the rights contained in the Article 19 Convention. Protection from abuse and neglect. The State shall protect the child from all forms of maltreatment by parents or others responsible for the child’s care and shall establish appropriate social programmes for Article 5 the prevention of abuse and the treatment of victims. Parental guidance and the child’s evolving capacities. The State must respect the rights and responsibilities of parents and the extended family to provide guidance for the child that is appropriate Article 20 to his or her evolving capacities. Protection of a child without family. The State is obliged to provide special protection for a child deprived of the family environment and to ensure that appropriate alternative family care or Article 6 institutional placement is available in such cases. Efforts to meet this obligation shall pay due regard to Life, survival and development. Every child has the inherent right to life, and the State has an the child’s cultural background. obligation to ensure the child’s survival and development. Article 21 Article 7 Adoption. In countries where adoption in recognized and/or allowed, it shall be carried out only in the Name and nationality. The child has the right to a name at birth. The child also has the right to acquire best interests of the child, and then only with the authorization of competent authorities and a nationality and, as far as possible, to know his or her parents and be cared for by them. safeguards for the child. Article 8 Article 22 Preservation of identity. The State has an obligation to protect and, if necessary, re-establish basic Refugee children. Special protection shall be granted to a refugee child or to a child seeking refugee aspects of the child’s identity. This includes name, nationality and family ties. status. It is the State’s obligation to cooperate with competent organizations that provide such protection and assistance. Article 9 Separation from parents. The child has a right to live with his or her parents unless this is deemed Article 23 incompatible with the child’s best interests. The child also has the right to maintain contact with both Disabled children. A disabled child has the right to special care, education and training to help him or parents if separated from one or both. her enjoy a full and decent life in dignity and achieve the greatest degree of self-reliance and social integration possible. Article 10 Family reunification. Children and their parents have the right to leave any country and to enter their Article 24 own for purposes of reunion or the maintenance of the child-parent relationship. Health and health services. The child has a right to the highest standard of health and medical care attainable. States shall place special emphasis on the reduction of infant and child mortality and on the Article 11 provision of primary and preventive health care and of public health education. They shall encourage Illicit transfer and non-return. The State has an obligation to prevent and remedy the kidnapping or international cooperation in this regard and strive to see that no child is deprived of access to effective retention abroad of children by a parent or third party. health services. 36 ❘ Children’s Rights and Business Principles 37 ❘ Children’s Rights and Business Principles interest not to do so. A child who is detained shall have legal and other assistance as well as contact Article 25 with the family. Periodic review of placement. A child who is placed by the State for reasons of care, protection or treatment is entitled to have that placement evaluated regularly. Article 38 Armed conflicts. States shall take all feasible measures to ensure that children under 15 years of age Article 26 have no direct part in hostilities. No child below 15 shall be recruited into the armed forces. States Social security. The child has the right to benefit from social security, including social insurance. shall also ensure the protection and care of children who are affected by armed conflict as described in relevant international law. Article 27 Standard of living. Every child has the right to a standard of living adequate for his or her physical, Article 39 mental, spiritual, moral and social development. Parents have the primary responsibility to ensure that Rehabilitative care. The State has an obligation to ensure that child victims of armed conflicts, torture, the child has an adequate standard of living. The State’s duty is to ensure that this responsibility can maltreatment or exploitation receive appropriate treatment for their recovery and social reintegration. be, and is, fulfilled. State responsibility can include material assistance to parents and their children. Article 40 Article 28 Administration of juvenile justice. A child in conflict with the law has the right to treatment that Education. The child has a right to education, and the State’s duty is to ensure that primary education promotes the child’s sense of dignity and worth, takes the child’s age into account and aims at his or is free and compulsory, to encourage different forms of secondary education accessible to every child, her defence. Judicial proceedings and institutional placements shall be avoided wherever possible. to make higher education available to all on the basis of capacity and to ensure that school discipline is consistent with children’s rights and dignity. The State shall engage in international cooperation to Article 41 implement the right to education. Respect for higher standards. Wherever standards set in applicable national and international law relevant to the rights of the child are higher than those in this Convention, the higher standards shall Article 29 always apply. Aims of education. Education shall aim at developing the child’s personality, talents and mental and physical abilities to the fullest extent. Education shall prepare the child for an active adult life in a free Articles 42–54 society and shall foster in the child respect for his or her parents, for his or her own cultural identity, Implementation and entry into force. These articles notably foresee: language and values, and for the cultural background and values of others. • the entry into force of the Convention 30 days after its ratification or accession by 20 States; • States parties’ obligation to make the rights of the Convention widely known to both adults and Article 30 children; Children of minorities or indigenous populations. Children of minority communities and indigenous • the establishment of a Committee on the Rights of the Child to consider the reports that States populations have the right to enjoy their own culture and to practise their own religion and language. parties are required to submit two years after they have ratified the Convention and every five years thereafter; Article 31 Leisure, recreation and cultural activities. The child has the right to leisure, play and participation in • States parties’ obligation to submit said reports to the Committee on measures they have taken cultural and artistic activities. to fulfil the Convention and the progress being made in their implementation; • States parties’ obligation to make their reports widely known in their own countries; Article 32 • international cooperation in the field covered by the Convention achieved by inviting UNICEF and Child labour. The child has the right to be protected from work that threatens his or her health, the specialized agencies of the United Nations – such as the International Labour Organization, education or development. The State shall set minimum ages for employment and shall regulate the World Health Organization and United Nations Educational, Scientific, and Cultural working conditions. Organization – along with ‘competent’ bodies such as non-governmental organizations in consultative status with the UN to attend Committee meetings and provide expert advice on Article 33 areas within the scope of their activities, and by the Committee’s referring to them States Parties’ Drug abuse. Children have the right to protection from the use of narcotic and psychotropic drugs, and requests for technical advice and assistance; from being involved in their production or distribution. • the Committee’s right to recommend to the General Assembly that special studies be undertaken on specific issues relating to the rights of the child. The rights of the child articulated by the Article 34 Convention are further reinforced by its Optional Protocols on the sale of children, child Sexual exploitation. The State shall protect children from sexual exploitation and abuse, including prostitution and child pornography, and on the involvement of children in armed conflict. prostitution and involvement in pornography. Article 35 Sale, trafficking and abduction. It is the State’s obligation to make every effort to prevent the sale, trafficking and abduction of children. Article 36 Other forms of exploitation. The child has the right to protection from all forms of exploitation prejudicial to any aspects of the child’s welfare not covered in articles 32–35. Article 37 Torture and deprivation of liberty. No child shall be subjected to torture, cruel treatment or punishment, unlawful arrest or deprivation of liberty. Both capital punishment and life imprisonment without the possibility for release are prohibited for offences committed by persons below age 18. Any child deprived of liberty shall be separated from adults unless it is considered in the child’s best 38 ❘ Children’s Rights and Business Principles 39 ❘ Children’s Rights and Business Principles All business 1 Meet their responsibility to respect children’s rights and commit to supporting the human rights of children should 2 Contribute to the elimination of child labour, including in all business activities and business  relationships 3 Provide decent work for young workers, parents and caregivers 4 Ensure the protection and safety of children in all business activities and facilities 5 Ensure that products and services are safe, and seek to support children’s rights through them 6 Use marketing and advertising that respect and support children’s rights 7 Respect and support children’s rights in relation to the environment and to land acquisition and use 8 Respect and support children’s rights in security arrangements 9 Help protect children affected by emergencies 10 Reinforce community and government efforts to protect and fulfil children’s rights