conduct and use clear and accurate product labelling and information that allow parents and children to make informed consumer
decisions.
Digital media is of particular concern,as many children can be users of the Internet but also become victims of violence such as cyberbullying, cyber-grooming, trafficking or sexual abuse and exploitation through the Internet. Although companies may not be directly
involved in such criminal acts, they can be complicit in these violations through their actions; for example, child sex tourism can be
facilitated by travel agencies operating on the Internet, as they enable the exchange of information and the planning of sex tourism
activities. Child pornography can be indirectly facilitated by Internet businesses and credit-card providers. As well as meeting their
obligations under the Optional Protocol on the sale of children, child prostitution and child pornography, States should provide
children with age-appropriate information regarding web-related safety so they can manage the risks and know where to go for help.
They should coordinate with the information and communication technology industry so that it develops and puts in place adequate
measures to protectchildren from violent and inappropriate material.
2.Enforcement measures
Generally, it is the lack of implementation or the poor enforcement of laws regulating business that pose the most critical problems for
children. There are a number of measures States should employ to ensure effective implementation and enforcement, including:
Strengthening regulatory agencies responsible for the oversight of standards relevant to children’s rights such as health and safety,
consumer rights, education, environment, labour and advertising and marketing so that they have sufficient powers and resources to
monitor and to investigate complaints and to provide and enforce remedies for abuses of children’s rights;
Disseminating laws and regulations regarding children’s rights and business to stakeholders, including children and business
enterprises;
Training judges and other administrative officials as well as lawyers and legal aid providers to ensure the correct application of the
Conventionand its protocols on business and children’s rights, international human rights standards and relevant national legislation
and to promote the development of national jurisprudence; and
Providing effective remedy through judicial or non-judicial mechanisms and effective access to justice.
3.Children’s rights and due diligence by business enterprises
To meet their obligation to adopt measures to ensure that business enterprises respect children’s rights, States should require
businesses to undertake child-rights due diligence. This will ensure that business enterprises identify, prevent and mitigate their impact
on children's rights including across their business relationships and within global operations. Where there is a high risk of business
enterprises being involved in violations of children’s rights because of the nature of their operations or their operating contexts, States
should require a stricter process of due diligence and an effective monitoring system.
Where child-rights due diligence is subsumed within a more general process of human-rights due diligence, it is imperative that the
provisions of the Conventionand the Optional Protocols thereto influence decisions. Any plan of action and measures to prevent
and/or remedy human rights abuses must have special consideration for the differentiated impact on children.
States should lead by example, requiring all State-owned enterprises to undertake child-rights due diligence and to publicly
communicate their reports on their impact on children’s rights, including regular reporting. States should make public support and
services, such as those provided by an export credit agency, development finance and investment insurance conditional on businesses
carrying out child-rights due diligence.
As part of child-rights due diligence, large business enterprises should be encouraged and, where appropriate, required to make
public their efforts to address child-rights impacts. Such communication should be available, efficient and comparable across
enterprises and address measures taken by business to mitigate potential and actual adverse impacts for children caused by their
activities. Business enterprises should be required to publish the actions taken to ensure that the goods and services they produce or
commercialize do not involve serious violations of children’s rights, such as slavery or forced labour. Where reporting is mandatory,
States should put in place verification and enforcement mechanisms to ensure compliance. States may support reporting by creating
instruments to benchmark and recognize good performance with regard to children’s rights.
B.Remedial measures
Children often find it difficult to access the justice system to seek effective remedies for abuse or violations of their rights when
business enterprises are involved. Children may lack legal standing, which prevents them from pursuing a claim; children and their
families often lack knowledge about their rights and the mechanisms and procedures available to them to seek redress or may lack
confidence in the justice system. States may not always investigate breaches of criminal, civil or administrative laws committed by
business enterprises. There are vast power imbalances between children and business and, often, prohibitive costs involved in
litigation against companies as well as difficulties in securing legal representation. Cases involving business are frequently settled
outofcourt and in the absence of a body of developed case law; children and their families in jurisdictions where judicial precedent is
persuasive may be more likely to abandon undertaking litigation given uncertainty surroundingthe outcome.
There are particular difficulties in obtaining remedy for abuses that occur in the context of businesses’ global operations. Subsidiaries
or others may lack insurance or have limited liability; the way in which transnational corporations are structured in separate entities
can make identification and attribution of legal responsibility to each unit challenging; access to information and evidence located in
different countries can be problematic when building and defending a claim; legal aid may be difficult to obtain in foreign jurisdictions
and various legal and procedural hurdles can be used to defeat extraterritorial claims.