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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