A/HRC/40/51
18.
Crucial instruments in the domain of child labour include the ILO Minimum Age
Convention, 1973 (No. 138), which sets the minimum age for admission to employment at
15 (art. 2 (3)). It also provides for light work that may be allowed for children aged 13−15
(art. 7 (1)) or 12−14 for States having used the transitional measure (art. 7 (4)). Other
fundamental texts are the Worst Forms of Child Labour Convention, 1999 (No. 182) and the
Forced Labour Convention, 1930 (No. 29). It must be recalled that under Convention No.
182 the sale of children is considered to be one of the worst forms of child labour, akin to
slavery or practices similar to slavery.
19.
The sexual exploitation of children is prohibited under article 34 of the Convention
on the Rights of the Child as well as articles 1 and 3 of its Optional Protocol on the sale of
children, child prostitution and child pornography.
20.
Under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, supplementing the United Nations Convention against Transnational
Organized Crime (the Palermo Protocol), trafficking for the purpose of exploitation includes
sexual exploitation, forced labour or services, slavery or practices similar to slavery and
servitude. In the case of children, no coercion or deception is required for a case to be
considered trafficking in persons.
21.
The Framework Convention on Tourism Ethics of the World Tourism Organization
is an additional important instrument for human rights violations occurring on the margins
of major sporting events. Under article 5, it specifically calls for the criminalization and
prosecution of any form of exploitation of human beings, particularly sexual, especially when
applied to children.
22.
At the regional level, the Treaty on the Functioning of the European Union, in article
165, specifically includes the protection of “the physical and moral integrity of sportsmen
and sportswomen, especially the youngest sportsmen and sportswomen”.
23.
The implementation of these obligations and how they entail the responsibility of
private actors, in this case sports institutions, is also clearly stated in international human
rights standards. As a starting point, article 3 of the Optional Protocol to the Convention on
the Rights of the Child on the sale of children, child prostitution and child pornography
requires States to criminalize the sale and sexual exploitation of children and, crucially, to
establish the liability of legal persons for offences, which may be criminal, civil or
administrative.
24.
As legal persons, sports institutions are not exempted from responsibility in cases of
child rights violations. While many of these organizations are registered as associations, they
nonetheless carry the same responsibilities to respect human rights as private enterprises. 5
Moreover, it must be recalled that all international sports organizations are liable under the
domestic laws of the country where they are based, which is Switzerland for many of them. 6
25.
Numerous instruments are relevant when analysing the human rights responsibilities
of private actors. Chief among these are the Guiding Principles on Business and Human
Rights. Sports bodies also often have relevant policies and codes of conduct that reference
human rights, and child rights in particular.
26.
With regard to child labour and its worst forms, the ILO Declaration on Fundamental
Principles and Rights at Work and the Tripartite Declaration of Principles Concerning
Multinational Enterprises and Social Policy play an essential role to guide private actors.
27.
Additionally, the Organization for Economic Cooperation in Europe (OECD)
Guidelines on Multinational Enterprises is an important instrument; it has a chapter on human
rights based on the Guiding Principles on Business and Human Rights. Significantly, a
network of national contact points helps ensure the implementation of the guidelines.
5
6
4
Mega-Sporting Events Platform for Human Rights, Sports Governing Bodies and Human Rights Due
Diligence, Sporting Chance White Paper 1.2, version 1, January 2017.
L.W. Valloni and E.P. Neuenschwander, “The role of Switzerland as host: moves to hold sports
organisations more accountable, and wider implications”, in Transparency International, Global
Corruption Report: Sport, 2016 (New York, Routledge, 2016), pp. 321–326.
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