A/HRC/40/51
2.
Communications
11.
Summaries of three communications sent by the Special Rapporteur during the
reporting period appear in the communications reports of special procedures.
III. Study on the sale and sexual exploitation of children in the
context of sports
A.
Objective, scope and methodology
12.
The Special Rapporteur wishes to follow up on the work of her predecessor, who
looked into the sexual exploitation of children in travel and tourism (A/HRC/22/54) and
followed that thematic report with an event on the protection of children from sexual
exploitation in the context of major sports events. 2 Moreover, the Special Rapporteur
previously dealt briefly with the subject in her thematic report on the sale of children for the
purpose of forced labour (A/71/261), in which she highlighted the economic exploitation of
child athletes. Regarding the sale of children, she will consequently continue this analysis
from a child labour perspective.
13.
In the present report the Special Rapporteur first looks at the sale of children and
related human rights violations in the practice of sports. She then moves on to focus on the
sale and sexual exploitation of children on the margins of major sporting events. Finally, she
proposes a set of conclusions and recommendations addressed to States and sports
organizations.3
14.
The report is based on a review of the available literature on the sale and sexual
exploitation of children in the context of sports. The Special Rapporteur wishes to thank
several key actors who provided invaluable inputs, namely UNICEF UK, the Office of the
United Nations High Commissioner for Human Rights, the International Labour
Organization (ILO), the Oak Foundation, Transparency International Germany, FIFPro,
Terre des Hommes International Federation, the Fédération international de Football
Association (FIFA), the International Olympic Committee (IOC) and the World Players
Association-UNI Global Union. She looks forward to be able to organize further
consultations to follow up on this important subject.
B.
International legal framework
15.
The current international legal framework regarding the sale and sexual exploitation
of children sets clear obligations on States. The Convention on the Rights of the Child is the
most ratified human rights instrument in the world, and it is clear that States must take
measures to prevent the sale and sexual exploitation of children. Furthermore, non-State
actors have human rights responsibilities to protect children and prevent these acts.
16.
The sale of children in the context of sports can be analysed within the international
legal framework on child labour and its worst forms. Core provisions include article 32 of
the Convention on the Rights of the Child, which prohibits any work that could impair the
child’s development, and article 35, which forbids the sale of children for any purpose or in
any form.
17.
ILO defines child labour “as work that deprives children of their childhood, their
potential and their dignity, and that is harmful to physical and mental development”.4 An
important aspect, in particular in relation to sports, is that child labour may seriously affect
children’s education.
2
3
4
See www.ohchr.org/EN/Issues/Children/Pages/SideEventHRC25.aspx.
Throughout the report, the terms “sports organization” and “sports institution” are used
interchangeably; they also refer to sports governing bodies as well as sports federations.
See www.ilo.org/ipec/facts/lang--en/index.htm.
3
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