A/HRC/43/30
other measures to prevent children from handling toxic substances or working in hazardous
conditions. 102 The Worst Forms of Child Labour Convention, 1999 (No. 182), of the
International Labour Organization (ILO) recognizes work that harms children’s health as
one of the worst forms of child labour and requires States to take immediate and effective
measures to prohibit and eliminate labour practices harmful to child workers’ health or
development (arts. 1 and 3). ILO Worst Forms of Child Labour Recommendation, 1999
(No. 190), states that work in an unhealthy environment that may, for example, expose
children to toxic substances, agents or processes is damaging to their health and that
criminal penalties should apply.103
IV. States’ duties and businesses’ responsibilities
65.
States have an obligation and businesses a responsibility to identify, prevent and
mitigate children’s exposure to environmental health risks.
66.
States must ensure that legislation, policies and programmes concerning business
matters do not directly or indirectly discriminate against children, neither in content nor
implementation, including by conducting impact assessments, collecting disaggregated data
and establishing monitoring and investigative mechanisms.104
67.
States must take all necessary, appropriate and reasonable measures to prevent
businesses from causing or contributing to children’s rights abuses. 105 This includes
ensuring they comply with all applicable environmental standards and regularly monitoring
business activities’ environmental impacts that may affect children’s health, food security
and access to safe water and sanitation.106
68.
Children may face additional barriers to justice for environmental harm. Children
and their representatives may lack information about the effects of particular harms or the
effects may become manifest years after exposure, which may make it difficult or
impossible to bring a case, comply with applicable statutes of limitation or fulfil
requirements on burdens of proof and persuasion.107 States should remove such obstacles
and ensure that effective collective complaints mechanisms are available, including by
allowing collective suits and public interest litigation on behalf of children.108
69.
States should conduct impartial and independent child rights impact assessments,
and require businesses to perform child rights due diligence and identify, prevent and
mitigate negative effects of their operations on children’s rights, including throughout their
business relationships, supply chains and global operations.109 States must also ensure that
information held by businesses relevant to children’s health and well-being is publicly
available.
Business responsibilities
70.
As established in the Guiding Principles on Business and Human Rights, businesses
have a responsibility to respect children’s rights, including the right to a healthy
environment, in the context of their operations. This responsibility exists independently of
and should not diminish States’ obligations. 110 In its general comment No. 16, the
Committee on the Rights of the Child elaborated on States’ obligations under the
102
103
104
105
106
107
108
109
110
Convention on the Rights of the Child, art. 32; International Covenant on Economic, Social and
Cultural Rights, art. 10; ILO Convention No. 182, arts. 1 and 3.
Paras. 3 (d) and 13.
Committee on the Rights of the Child, general comment No. 16, paras. 13–14.
Ibid., para. 28.
Ibid., general comment No. 15, para. 49.
www.ohchr.org/Documents/HRBodies/CRC/Discussions/2016/DGDoutcomereport-May2017.pdf,
pp. 21–22.
A/HRC/37/58, para. 53.
Committee on the Rights of the Child, general comment No. 16, paras. 62–65 and 78–81.
A/HRC/17/31.
13
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