Castan Centre for Human Rights Law
Child Rights Symposium
Recent developments relating to business and
child rights
Presented by Vanessa Zimmerman, Business
and Human Rights Specialist
Melbourne, 24 April 2012
Background to the SRSG’s mandate
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2003: Draft Norms on Business and Human Rights
submitted to UN Commission on Human Rights (CHR).
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2004: CHR refused to adopt draft Norms.
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March – July 2005: UN Secretary-General appointed
Harvard Professor John Ruggie as SRSG on Business and
Human Rights.
June 2008: Human Rights Council unanimously welcomed
“Protect, Respect and Remedy” Framework; extended
SRSG’s mandate to June 2011.
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November 2010: SRSG posted draft Guiding Principles on
Business and Human Rights for public consultation.
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March 2011: Final Guiding Principles submitted to the
Human Rights Council.
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June 2011: Council endorsed the Guiding Principles
The Protect, Respect and
Remedy Framework
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The State duty to protect against human rights
abuses by third parties, including business,
through appropriate policies, regulation and
adjudication;
The corporate responsibility to respect
human rights, which means that business
enterprises should act with due diligence to avoid
infringing on the rights of others and to address
adverse impacts with which they are involved;
and
Greater access by victims to effective remedy,
judicial and non-judicial.
Status of the Guiding
Principles
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GPs are: a global reference point for preventing
and addressing the risk of adverse impacts on
human rights linked to business
GPs are: being incorporated into other key CSR
initiatives (OECD Guidelines; ISO 26000; UN
Global Compact; IFC Performance Standards;
ASEAN; EU)
GPs are not: binding international law
GPs are not: an off the shelf handbook, must be
tailored to each company, each government
What do the UNGPs say about
child rights?
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State duty to protect: as part of general State
regulatory and policy functions, States should
provide guidance to business on considering
issues of vulnerability including challenges faced
by children.
Business responsibility to respect: Businesses
should respect human rights of specific groups or
populations requiring particular attention –
including children.
The UNWG and Child Rights
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HRC Resolution asked UNWG to give special
attention to persons living in vulnerable
situations, in particular children.
2012 report notes:
• UNWG aware of broad range of governance gaps,
including relating to persons living in vulnerable
situations such as children.
• States have raised issues relating to children as
potential focus for UNWG.
• Impact of business on children amongst three key issues
raised by civil society in consultations.
• UNWG recognized children may face particularly
significant obstacles when seeking remedies for
business-related human rights grievances.
The CRC and Business and Human Rights
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SRSG’s 2007 report on CRC and State Duty to Protect:
• Committee has interpreted the CRC as requiring States Parties to
protect against third party interference with rights, including by
business enterprises.
• Focus on non-State service providers; discrimination by private actors
and protecting children from economic exploitation and harmful
information (in particular media, Internet, tourism, mining,
agricultural and pharmaceutical industries.)
• OPSC clear about duty to protect against sale of children, child
prostitution and pornography including through establishing legal
liability for legal persons.
• Mix of legislative, administrative, social and other measures required
to fulfil duties.
• Committee has called on private service providers to incorporate rights
protection into codes of conduct.
• Available at: http://www.businesshumanrights.org/Documents/Ruggie-report-Convention-on-Rights-ofChild-Jul-2007.pdf
Draft Child Rights and Business General
Comment
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Aim to provide States Parties with framework for
implementation of CRC with regard to business sector.
To include guidance on:
• Preventing and remedying violations by business actors;
• Ensuring businesses carry out responsibilities;
• Encouraging business to positively contribute to the
realisation of child rights.
Also recognition that the Committee needs to clarify the duties of
home States relating to abuse by domiciled companies abroad –
strong rationale for home States to take appropriate steps to
prevent and remedy such abuse.
Annotated Outline available at:
http://www2.ohchr.org/english/bodies/crc/callsubmissionsCRC_Bu
sinessSector.htm
Submissions due by 30 April 2012
Children’s Rights and Business
Principles
All Businesses should
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Meet their responsibility to respect children’s rights and commit to
supporting the human rights of children
Contribute to the elimination of child labour, including in all
business activities and business relationships
Provide decent work for young workers, parents and caregivers
Ensure the protection and safety of children in all business
activities and facilities
Ensure that products and services are safe, and seek to support
children’s rights through them
Use marketing and advertising that respect and support children’s
rights
Respect and support children’s rights in relation to the
environment and to land acquisition and use
Respect and support children’s rights in security arrangements
Help protect children affected by emergencies
Reinforce community and government efforts to protect and fulfil
children’s rights
Moving forward – what you can do
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Encourage Australian businesses to implement the Children’s
Rights and Business Principles (nb commitment by STC, UNICEF,
GCNA to promote Principles amongst Aus businesses)
Build capacity amongst Australian civil society to better
understand children’s rights and business issues at home and
abroad, including through consultation with children.
Engage with the Australian government on the steps it is taking to
fulfil CRC obligations relating to business and child rights including
around policy coherence.
Request guidance from the AHRC on steps all stakeholders can
take to safeguard child rights in relation to business activities.
Make submissions to the CRC to encourage greater clarity for
States Parties as part of drafting of General Comment; consider
use of new complaints mechanism for business related issues.
Provide continued encouragement for UNWG workplan to include
focus on issues facing children.