when they are operating or planning to operate in areas affected by conflict or emergency. Suchguidance should emphasize that
companies have identical responsibilities to respect children’s rights in such settings as they do elsewhere. Children can be affected by
violence, including sexual abuse or exploitation, child trafficking and gender-basedviolence in conflict zones and this must be
recognized by States when providing guidance to businesses.
The obligations of host and home States under the relevant provisions of the Conventionshould be emphasized when business is
operating in areas affected by conflict: Article 38 requires respect for the rules of international humanitarian law, article 39 obliges
States to provide appropriate psychological recovery and social reintegration and the Optional Protocol on the involvement of
children in armed conflict contains provisions regarding recruitment of children into armed forces under 18 years of age. When
operating in areas affected by conflict, business enterprises may employ private security companies and may risk being involved in
violations such as exploitation and/or use of violence against children in the course of protecting facilities or other operations. To
prevent this, both home and host States should introduce and implement national legislation that includes a specific prohibition on such
companies recruiting children or using them in hostilities; requirements for effective measures to protect children from violence and
exploitation; and mechanisms for holding personnel accountable for abuses of children’s rights.
VI.Framework for implementation
A.Legislative, regulatory and enforcement measures
1.Legislation and regulation
Legislation and regulation are essential instruments for ensuring that the activities and operations of business enterprises do not
adversely impact on or violate the rights of the child. States should enact legislation that gives effect to the rights of the child by third
parties and provides a clear and predictable legal and regulatory environment which enables business enterprises to respect children’s
rights. To meet their obligation to adopt appropriate and reasonable legislative and regulatory measures to ensure that business
enterprises do not infringe on children’s rights, States will need to gather data, evidence and research for identifying specific business
sectors of concern.
In conformity with article 18, paragraph 3, of the Convention, States should create employment conditions within business enterprises
which assist working parents and caregivers in fulfilling their responsibilities to children in their care such as: the introduction of familyfriendly workplace policies, including parental leave; support and facilitate breastfeeding; access to quality childcare services;
payment of wages sufficient for an adequate standard of living; protection from discrimination and violence in the workplace; and,
security and safety in the workplace.
Ineffective taxation systems, corruption and mismanagement of government revenues from, among others, State-owned businesses
and corporate taxation, can limit the resources available for the fulfilment of children’s rights in accordance with article 4 of the
Convention. In addition to any existing obligations under anti-bribery and anti-corruption instruments, States should develop and
implement effective laws and regulations to obtain and manage revenue flows from all sources, ensuring transparency, accountability
and equity.
States should implement article 32 of the Conventionto ensure the prohibition of economic exploitation and hazardous work for
children. Some children are above the minimum working age, in line with international standards, and therefore can be legitimately
working as employees, while still needing to be protected, for instance, from work that is hazardous to their health, safety or moral
development and ensuring that their rights to education, development and recreation are promoted and protected. States must set a
minimum age for employment; appropriately regulate working hours and conditions; and establish penalties to effectively enforce
article 32. They must have functioning labour inspection and enforcement systems and capacities in place. States should also ratify
and enact into domesticlaw both of the fundamental ILOconventions relating to child labour. Under article 39, States must take all
appropriate measures to promote the physical and psychological recovery and social reintegration of a child who has experienced any
form of violence, neglect, exploitation, or abuse, including economic exploitation.
States are also required to implement and enforce internationally agreed standards concerning children’s rights, health and business,
including the World Health Organization Framework Convention on Tobacco Control, and the International Code of Marketing of
Breast-milk Substitutes and relevant subsequent World Health Assembly resolutions. The Committee is aware that the activities and
operations of the pharmaceutical sector can have a profound impact on the health of children. Pharmaceutical companies should be
encouraged to improve the access, availability, acceptability and quality of medicines for children taking into consideration existing
guidance. Furthermore, intellectual property rights should be applied in ways that promote the affordability of medicines.
The mass media industry, including advertising and marketing industries, can have positive as well as negative impacts on children’s
rights. Under article 17 of the Convention, States have obligations to encourage the mass media, including private media, to
disseminate information and materials of social and cultural benefit to the child, for example regarding healthy lifestyles. The media
must be regulated appropriately to protect children from harmful information, especially pornographic materials and materials that
portray or reinforce violence, discrimination and sexualized images of children, while recognizing children's right to information and
freedom of expression. States should encourage the mass media to develop guidelines to ensure full respect for the rights of the child,
including their protection from violence and from portrayals that perpetuate discrimination, in all media coverage. States should
establish copyright exceptions which permit the reproduction of books and other printed publications in formats that are accessible
for children with visual or other impairments.
Children may regard marketing and advertisements that are transmitted through the media as truthful and unbiased and consequently
can consume and use products that are harmful. Advertising and marketing can also have a powerful influence over children’s selfesteem, for example when portraying unrealistic body images. States should ensure that marketing and advertising do not have
adverse impacts on children’s rights by adopting appropriate regulation and encouraging business enterprises to adhere to codes of