by third parties. This duty is of primary importance when considering States’ obligations with regards to the business sector. It means
that States must take all necessary, appropriate and reasonable measures to prevent business enterprises from causing or contributing
to abuses of children’s rights. Such measures can encompass the passing of law and regulation, their monitoring and enforcement, and
policy adoption that frame how business enterprises can impact on children’s rights. States must investigate, adjudicate and redress
violations of children’s rights caused or contributed to by a business enterprise. A State is therefore responsible for infringements of
children’s rights caused or contributed to by business enterprises where it has failed to undertake necessary, appropriate and
reasonable measures to prevent and remedy such infringements or otherwise collaborated with or tolerated the infringements.
3.The obligation to fulfil
The obligation to fulfil requires States to take positive action to facilitate, promote and provide for the enjoyment of children’s rights.
This means that States must implement legislative, administrative, budgetary, judicial, promotional and other measures in conformity
with article 4 relating to business activities that impact on children’s rights. Such measures should ensure the best environment for full
realization of the Conventionand the Optional Protocols thereto. To meet this obligation, States should provide stable and predictable
legal and regulatory environments which enable business enterprises to respect children’s rights. This includes clear and well-enforced
law and standards on labour, employment, health and safety, environment, anti-corruption, landuse and taxation that comply with the
Convention and the OptionalProtocols thereto. It also includes law and policies designed to create equality of opportunity and
treatment in employment; measures to promote vocational training and decent work, and to raise living standards; and policies
conducive to the promotion of small and medium enterprises. States should put in place measures to promote knowledge and
understanding of the Convention and the Optional Protocols thereto within government departments, agencies and other State-based
institutions that shape business practices,and foster a culture inbusiness that is respectful of children’s rights.
4.Remedies and reparations
States have an obligation to provide effective remedies and reparations for violations of the rights of the child, including by third
parties such as business enterprises. The Committee states in itsgeneral comment No.5 that for rights to have meaning, effective
remedies must be available to redress violations. Several provisions in the Conventioncall for penalties, compensation, judicial action
and measures to promote recovery after harm caused or contributed to by third parties. Meeting this obligation entails having in place
child-sensitive mechanisms – criminal, civil or administrative – that are known by children and their representatives, that are prompt,
genuinely available and accessible and that provide adequate reparation for harm suffered. Agencies with oversight powers relevant
to children’s rights, including labour, education and health and safety inspectorates, environmental tribunals, taxation authorities,
national human rights institutions and bodies focusing on equality in the business sector can also play a role in the provision of
remedies. These agencies can proactively investigate and monitor abuses and may also have regulatory powers allowing them to
impose administrative sanctions on businesses which infringe on children’s rights. In all cases, children should have recourse to
independent and impartial justice, or judicial review of administrative proceedings.
When determining the level or form of reparation, mechanisms should take into account that children can be more vulnerable to the
effects of abuse of their rights than adults and that the effects can be irreversible and result in lifelong damage. They should also take
into account the evolving nature of children’s development and capacities and reparation should be timely to limit ongoing and future
damage to the child or children affected; for example, if children are identified as victims of environmental pollution, immediate steps
should be taken by all relevant parties to prevent further damage to the health and development of children and repair any damage
done. States should provide medical and psychological assistance, legal support and measures of rehabilitation to children who are
victims of abuse and violence caused or contributed to by business actors. They should also guarantee non-recurrence of abuse
through, for example, reform of relevant law and policy and their application, including prosecution and sanction of the business
actors concerned.
V.State obligations in specific contexts
Business activities and operations can impact on a broad range of children’s rights. However, the Committee has identified the
following non-exhaustive, specific contexts where the impact of business enterprises can be significant and where States’ legal and
institutional frameworks are often insufficient, ineffective or under pressure.
A.Provision of services for the enjoyment of children’s rights
Business enterprises and non-profit organizations can play a role in the provision and management of services such as clean water,
sanitation, education, transport, health, alternative care, energy, security and detention facilities that are critical to the enjoyment of
children’s rights. The Committee does not prescribe the form of delivery of such services but it is important to emphasize that States
are not exempted from their obligations under the Conventionwhen they outsource or privatize services that impact on the fulfilment of
children’s rights.
States must adopt specific measures that take account of the involvement of the private sector in service delivery to ensure the rights
enumerated in the Convention are not compromised. They have an obligation to set standards in conformity with the Conventionand
closely monitor them. Inadequate oversight, inspection and monitoring of these bodies can result in serious violations of children’s
rights such as violence, exploitation and neglect. They must ensure that such provision does not threaten children’s access to services
on the basis of discriminatory criteria, especially under the principle of protection from discrimination, and that, for all service sectors,
children have access to an independent monitoring body, complaints mechanisms and, where relevant, to judicial recourse that can
provide them with effective remedies in case of violations. The Committee recommends that there should be a permanent monitoring
mechanism or process aimed at ensuring that all non-State service providers have in place and apply policies, programmes and
procedures which are in compliance with the Convention.