A/HRC/33/41
D.
Responsibility through business relationships
90.
Businesses also have a responsibility to prevent and mitigate adverse child rights
impacts that are linked to their operations, products or services by their business
relationships, including upstream suppliers, and after products are sold. 123
91.
First, businesses must seek to “prevent” rights impacts. Only if businesses are
unable to prevent, should they mitigate. If a company only mitigates, it should be in a
position to explain why it was not able to prevent, and should seek to ensure that it will be
able to prevent in the future.
92.
The best way for companies to prevent harm is through the prevention of exposure,
which is best achieved by avoiding the manufacture, use and emission of hazardous
substances wherever possible. Businesses should ensure that the products they sell are used,
recycled, reused and disposed of in a safe and environmentally sound manner.
93.
The importance of upstream prevention is illustrated by the case of children working
in cobalt mines in the Democratic Republic of the Congo. Reports describe children in
Indonesia124 and Peru125 poisoned by mercury and suffering from birth defects due to smallscale gold mining.Companies that purchase or invest in such commodities have a
responsibility to ensure that child rights are not violated as a result of their demand.
94.
The responsibility of businesses for products sold is highlighted by the persistent
problem of children poisoned by highly hazardous pesticides, particularly in developing
countries. Businesses continue to export to or manufacture in developing countries
hazardous pesticides whose use is prohibited in various industrialized countries. Such
industrialized countries often have more resources to ensure that hazardous pesticides are
used in a safe and sound manner, but still have determined that the risks are
unmanageable.126
95.
Children die with startling regularity from pesticide poisonings. A major contributor
to this problem is that a large number of hazardous pesticides that present unmanageable
risks are not banned or restricted at the global level. Another significant problem is the half
a million tons of obsolete pesticides scattered across developing countries, and seeping into
soil and water.127
96.
At the tail end of industrial activity, children are far too often found working at toxic
waste dumps, burning plastics and cables to recover and recycle precious metals. 128
Electronic waste (e-waste) is of particular concern. Children, sometimes as young as five,
are involved in manual dismantling and burning of electronic products at e-waste sites in
Africa, Latin America and Asia. Some are described as being among the most polluted
places on earth. 129 Infants living near waste disposal sites, due to their hand-to-mouth
behaviour, are among the most vulnerable groups, as soils and dusts are generally
123
124
125
126
127
128
129
Guiding principle No. 13 (b).
http://pulitzercenter.org/reporting/philippines-child-labor-gold-mines-indonesia.
See A/HRC/18/30/Add.2, para. 39.
See CRC/C/MEX/CO/4-5 and A/HRC/33/41/Add.2.
See www.fao.org/agriculture/crops/obsolete-pesticides/prevention-and-disposal-of-obsoletepesticides/en. In its submission, Senegal highlighted many concerns regarding banned, restricted and
obsolete pesticides.
Kristen Grant and others, “Health consequences of exposure to e-waste: a systematic review”, The
Lancet Global Health, vol. 1, issue 6.
See www.worstpolluted.org/projects_reports/display/107.
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