A/HRC/21/48
A.
Child exploitation
44.
The Special Rapporteur is concerned about the extent of child slavery and child
labour in the mining and quarrying industries and the impact on children as they face the
same risks as adults, but lack the strength and judgement to protect themselves from sexual,
moral, social and physical harm, including death and disabling injuries. Poverty, lack of
access to education, insufficient or non-existent legal frameworks, trafficking and debt
bondage have been identified as root causes, manifestations and aggravating factors that
lead to child slavery in the mining and quarrying sector. The Special Rapporteur observes
that unaccompanied minors are more likely to be exposed to harmful substances for want of
parental protection in already exploitative environments.
45.
International human rights law protects children against child labour, child slavery
and other forms of exploitation. Notably, the Convention on the Rights of the Child
recognizes the right of the child “to be protected from economic exploitation and from
performing any work that is likely to be hazardous or to interfere with the child’s education,
or to be harmful to the child’s health or physical, mental, spiritual, moral or social
development” (art. 32). The International Covenant on Economic, Social and Cultural
Rights underlines that “children and young persons should be protected from economic and
social exploitation. Their employment in work harmful to their morals or health or
dangerous to life or likely to hamper their normal development should be punishable by
law. States should also set age limits below which the paid employment of child labour
should be prohibited and punishable by law” (art. 10, para 3). Specific protection against
child labour is also provided for in ILO conventions No. 138, concerning Minimum Age for
Admission to Employment, and No. 182, concerning the Prohibition and Immediate Action
for the Elimination of the Worst Forms of Child Labour.
46.
Furthermore, human rights law prohibits all forms of slavery or servitude,29 and a
range of other human rights guarantees are aimed at protecting children against
exploitation, including those related to health and education. Indeed, one important measure
to protect against exploitation is to ensure that children attend school and that they are not
denied the opportunity to access education.
B.
Environment defenders
47.
The Special Rapporteur underlines the importance of upholding the rights of
environmental defenders, including their freedom of opinion and right to peaceful
assembly, and of addressing impunity. Environment defenders provide critically important
oversight on situations of environmental degradation resulting from unsound management
and disposal of hazardous substances, which must not be unreasonably controlled or
restrained. He expresses concern at the particular vulnerability of women defenders to
gender-based violence, particularly in environments that do not encourage the freedom of
expression of women, and reminds States of their obligation to protect against such
violence.
48.
Several communications have been sent to Governments regarding violations against
human rights defenders, more specifically environmental defenders, including arbitrary
detention, intimidation and killings, in connection with their monitoring of extractive
industries, such as mines, oil and petrol extraction, allegedly carried out by State and nonSates actors (police, transnational companies, the media, private security guards,
29
See, for example, art. 4 of the Universal Declaration of Human Rights, and art. 28 of the International
Covenant on Civil and Political Rights.
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