with their responsibilities to respect children’s rights.
It is important to recall that the Conventionand the OptionalProtocols thereto engage the State as a whole, regardless of its internal
structures, branches or organization. Furthermore, decentralization of power, through devolution and delegation, does not reduce the
direct responsibility of the State to meet its obligations to all children within its jurisdiction.
The presentgeneral comment first considers the relationship between State obligations regarding business activities and the general
principles of the Convention. It then defines the general nature and scope of State obligations with regards to children’s rights and the
business sector. An examination follows of the scope of obligations in contexts where the impact of business activities and operations
on children’s rights is most significant, including when business enterprises are service providers, children are affected in the informal
economy, States engage with international organizations and businesses operate abroad in areas where there is insufficient State
protection for children’s rights. The presentgeneral comment concludes by outlining a framework for implementation and
dissemination.
III.General principles of the Convention as they relate to business activities
Children’s rights are universal, indivisible, interdependent and interrelated. The Committee has established four general principles
within the Conventionas the basis for all State decisions and actions relating to business activities and operations in conformity with a
child rights approach.
A.The right to non-discrimination (art. 2)
Article 2 of the Conventioncalls on States to respect and ensure rights to each child in their jurisdiction “without discrimination of any
kind, irrespective of a child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion,
national, ethnic or social origin, property, disability, birth or other status”. States must ensure that all legislation, policies and
programmes that deal with business issues are not intentionally or unintentionally discriminatory towards children in their content or
implementation; for instance, those that address access to employment for parents or caregivers, or access to goods and services for
children with disabilities.
States are required to prevent discrimination in the private sphere in general and provide remedy if it occurs. States should collect
statistical data that is appropriately disaggregated and other information to identify discrimination against children in the context of
business activities and operations and mechanisms should be established to monitor and investigate discriminatory practices within the
business sector. States should also take steps to create a supportive environment for business to respect the right to protection from
discrimination by promoting knowledge and understanding of the right within the business sector, including within the media,
marketing and advertising sectors. Awareness-raising and sensitization among business enterprises should be aimed at challenging and
eradicating discriminatory attitudes towards all children, especially those in vulnerable situations.
B.The best interests of the child (art. 3, para. 1)
Article 3, paragraph 1, of the Conventionprovides that the best interests of the child shall be a primary consideration for States in all
actions concerning children. States are obliged to integrate and apply this principle in all legislative, administrative and judicial
proceedings concerning business activities and operations that directly or indirectly impact on children. For example, States must
ensure that the best interests of the child are central to the development of legislation and policies that shape business activities and
operations, such as those relating to employment, taxation, corruption, privatization, transport and other general economic, trade or
financial issues.
Article 3, paragraph 1, is also directly applicable to business enterprises that function as private or public social welfare bodies by
providing any form of direct services for children, including care, foster care, health, education and the administration of detention
facilities.
The Convention and the Optional Protocols thereto provide the framework for assessing and determining the best interests of the
child. The obligation to make the best interests of the child a primary consideration becomes crucial when States are engaged in
weighing competing priorities, such as short-term economic considerations and longer-term development decisions. States should be
in a position to explain how the right to have the best interests of the child considered has been respected in decision-making,
including how it has been weighed against other considerations.
C.The right to life, survival and development (art. 6)
Article 6 of the Conventionacknowledges that every child has an inherent right to life and that States shall ensure the survival and
development of the child. The Committee states its understanding of development of the child in general comment No.5 (2003) on
general measures of implementation of the Convention, as a “holistic concept, embracing the child’s physical, mental, spiritual, moral,
psychological and social development”.
The activities and operations of business enterprises can impact on the realization of article 6 in different ways. For example,
environmental degradation and contamination arising from business activities can compromise children’s rights to health, food security
and access to safe drinking water and sanitation. Selling or leasing land to investors can deprive local populations of access to natural
resources linked to their subsistence and cultural heritage; the rights of indigenous children may be particularly at risk in this context.
The marketing to children of products such as cigarettes and alcohol as well as foods and drinks high in saturated fats, trans-fatty
acids, sugar, salt or additives can have a long-term impact on their health. When business employment practices require adults to
work long hours, older children, particularly girls, may take on their parent’s domestic and childcare obligations, which can negatively
impact their right to education and to play; additionally, leaving children alone or in the care of older siblings can have implications for