A/HRC/33/41
at-risk groups; States parties to the Convention on the Rights of the Child have a duty to
take legislative and administrative measures to do so.102
71.
The global nature of the challenge, including the transnational nature of corporate
structures and business relationships, requires strong international cooperation. Severe
limitations in the capacities of developing countries also necessitate strong international
cooperation, as well as cost-recovery mechanisms by States, particularly in developing
countries.
72.
In its general comment No. 16, the Committee on the Rights of the Child outlined a
useful framework to ensure that businesses respect the right of the child not to be exposed
to toxics. This framework consists of effective legislation, regulation and enforcement, as
well as policy, remedial, monitoring, coordination, collaboration and awareness-raising
measures. The framework also articulates a strong basis for the implementation of
extraterritorial obligations.
73.
The principles of good governance, namely transparency, responsibility,
accountability, participation and responsiveness, are essential to the implementation of such
a framework.103
74.
Under this framework, businesses have a responsibility to undertake child rights
due diligence to identify risks and prevent children from being exposed to toxics and
pollution through their activities, and to prevent and mitigate exposure through their
business relationships.104
B.
Due diligence by businesses to prevent childhood exposure
75.
At its most basic, human rights due diligence for toxic chemicals consists of
identifying potential adverse impacts from businesses’ activities and business relationships
and taking active measures to prevent such impacts from materializing. Failure to conduct a
reasonable degree of human rights due diligence for toxic chemicals can subject corporate
executives to criminal charges.105
76.
In the Republic of Korea, potentially over 1,200 people suffered health impacts,
including pregnant women and children, of whom at least 95 died because companies had
sold a humidifier sterilizer to consumers without evidence that the chemicals would be safe
for those who would inevitably inhale the substance.106
77.
It is unclear whether the chemical manufacturer, SK Chemicals, knew where the
chemicals they sold were being used, or even attempted to ask. The consumer product was
marketed and labelled as “safe” and “healthy”, despite no indication that it had tested as
such. It appears that children were among those most affected, and the extent to which
others may have been injured or killed is unknown. The company that sold the vast
majority of the suspected product was a health-care company, Reckitt Benckiser, which
also manufactures pharmaceuticals and has the expertise to assess the risks from toxics to
human health.
102
103
104
105
106
16
Convention on the Rights of the Child, art. 3.
See www.ohchr.org/EN/Issues/Development/GoodGovernance/Pages/GoodGovernanceIndex.aspx.
Guiding principles Nos. 13, 15 and 18.
See http://mobile.nytimes.com/2016/07/05/business/dealbook/south-korea-targets-executives-pressedby-an-angry-public.html.
See A/HRC/33/41/Add.1.
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