States should focus their attention on removing social, economic and juridical barriers so that children can in practice have access to
effective judicial mechanisms without discrimination of any kind. Children and their representatives should be provided with
information about remedies through, for example, the school curriculum, youth centres or community-based programmes. They
should be allowed to initiate proceedings in their own right and have access to legal aid and the support of lawyers and legal aid
providers in bringing cases against business enterprises to ensure equality of arms. States that do not already have provision for
collective complaints, such as class actions and public interest litigation, should introduce these as a means of increasing accessibility
to the courts for large numbers of children similarly affected by business actions. States may have to provide special assistance to
children who face obstacles to accessing justice, for example, because of language or disability or because they are very young.
Age should not be a barrier to a child’s right to participate fully in the justice process. Likewise, special arrangements should be
developed for child victims and witnesses in both civil and criminal proceedings, in line with the Committee’sgeneral comment No.12.
Furthermore, States should implement the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime.
Confidentiality and privacy must be respected and children should be kept informed of progress at all stages of the process, giving
due weight to the child’s maturity and any speech, language or communication difficulties they might have.
The Optional Protocol on the sale of children, child prostitution and child pornography requires that States enact criminal legislation
that also applies to legal entities, including business enterprises. States should consider the adoption of criminal legal liability – or
another form of legal liability of equal deterrent effect – for legal entities, including business enterprises, in cases concerning serious
violations of the rights of the child, such as forced labour. National tribunals should have jurisdiction over these serious violations, in
accordance with accepted rules of jurisdiction.
Non-judicial mechanisms, such as mediation, conciliation and arbitration, can be useful alternativesfor resolving disputes concerning
children and enterprises. They must be available without prejudice to the right to judicial remedy. Such mechanisms can play an
important role alongside judicial processes, provided they are in conformity with the Conventionand the Optional Protocols thereto
and with international principles and standards of effectiveness, promptness and due process and fairness. Grievance mechanisms
established by business enterprises can provide flexible and timely solutions and at times it may be in a child’s best interests for
concerns raised about a company’s conduct to be resolved through them. These mechanisms should follow criteria that include:
accessibility, legitimacy, predictability, equitability, rights compatibility, transparency, continuous learning and dialogue. In all cases,
access to courts or judicial review of administrative remedies and other procedures should be available.
States should make every effort to facilitate access to international and regional human rights mechanisms, including the Optional
Protocol to the Convention on the Rights of the Child on a communications procedure, so that an individual child or a group of
children, or others acting on his/her/their behalf, are able to obtain remedy for State failure to adequately respect, protect and fulfil
children’s rights in relation to business activities and operations.
C.Policy measures
States should encourage a business culture that understands and fully respects children’s rights. To this end, States should include the
issue of children’s rights and business in the overall context of the national policy framework for implementation of the Convention.
They should develop guidance that explicitly setsout government expectations for business enterprises to respect children’s rights in
the context of its own business activities, as well as within business relationships linked to operations, products or services and
activities abroad when they operate transnationally.This should include the implementation of zero-tolerance policies for violence in all
business activities and operations. As required, States should signpost and encourage adherence to relevant corporate responsibility
initiatives.
In many contexts, small and medium-sized enterprises represent a large part of the economy and it is particularly important that States
provide them with readily available tailored guidance and support on how to respect children’s rights and comply with national
legislation while avoiding unnecessary administrative burdens. States should also encourage larger companies to use their influence
over small and medium-sized enterprises to strengthen children’s rights throughout their value chains.
D.Coordination and monitoring measures
1.Coordination
Full implementation of the Conventionand the Optional Protocols thereto requires effective cross-sectoral coordination, among
government agencies and departments and across different levels of government, from local to regional and central. Typically, the
departments and agencies directly involved with business policies and practices work separately from departments and agencies with
direct responsibility for children’s rights. States must ensure that governmental bodies, as well as parliamentarians, that shape business
law and practices are aware of the State’s obligations with regard to children’s rights. They may require relevant information, training
and support so that they are equipped to ensure full compliance with the Convention when developing law and policy and entering
into economic, trade and investment agreements. National human rights institutionscan play an important role as catalysts for linking
different governmental departments concerned with children’s rights and with business.
2.Monitoring
States have an obligation to monitor violations of the Convention and the Optional Protocols thereto committed or contributed to by
business enterprises, including in their global operations. This can be achieved, for instance, through: gathering data that can be used
to identify problems and inform policy; investigating abuses; collaborating with civil society and national human rights institutions; and
making business accountable publicly by using business reporting on their impact on children’s rights to assess their performance. In
particular, national human rights institutionscan be involved, for example in receiving, investigating and mediating complaints of