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Julia Funck

It's Their Business: The Role of the Private Sector in Protecting Children's Rights


Young children working at a construction site in India. “The Child Labor Debate - BORGEN.” BORGEN Magazine, 27 July 2014, https://www.borgenmagazine.com/child-labor-debate/. Accessed 1 January 2023.


In a recent webinar hosted by Australian nonprofit Diplomacy Training Program, Natalia Shoblevska, Surya Deva, Ida Hyllested, and Sylvia Prater explain the role of businesses in protecting children’s rights and what actions need to be taken to preserve those rights.1 Shoblevska, the moderator of the webinar, is the Chair of the Business and Human Rights Committee of Australian Lawyers and a Professor of Law and Society at Open University in the United Kingdom. Deva is a Professor at the Macquarie Law school in Australia and served as a member of the United Nations working group on business and children’s human rights. Hyllested works for UNICEF’s regional office in Bangkok and Porter is the Executive Director for the UN Global Compact Network in Australia.


There have been many advancements of children’s human rights by businesses, including the United Nations Guiding Principles on Business and Human Rights.2 These Principles were adopted in 2011 and clarify what is expected of businesses with regard to human rights. Its three pillars include the duty of the states to protect human rights, businesses’ responsibility to protect human rights, and access to remedy when the violations cannot be prevented. The UNICEF Child Rights and Business Principles function similarly but are specific to protecting children through advocacy, taking action on research findings, and giving children more representation within that research.3


Deva, Hyllested, and Prater all agree that raising awareness is the best way to encourage businesses to protect children’s rights. Not many companies will reject the notion that children are entitled to basic human rights. However, there is a long way to go for these companies and how they consider, address, integrate, and report on child rights, which are largely overlooked in their supply chains. We should bring more children to the discussion table so their voices are heard.


In addition to private businesses having a duty to protect children’s rights, governments are also responsible. In the webinar, Deva explains how governments can adopt national action plans on business and human rights. For example, the Modern Slavery Act in Australia requires large businesses to report annually on how they are addressing modern slavery risks in their domestic and global operations and supply chains.4 Taking a more aggressive stance against sweatshop labor also decreases the likelihood of child labor. Twenty-six countries have adopted the standalone national action plans and three have a chapter on business and human rights in their human rights section plans. Most of these countries focus on rights of children, according to Deva, but are not very robust in terms of engaging with government or providing specific plans.


As consumers, it is important to support businesses who support children’s rights. Below is a list of companies who are taking leadership and driving forward with corporate children’s rights.5


Adidas

Hennes & Mauritz (H&M)

Kellogg

Nestle

Rio Tinto

Unilever







Works Cited

1 “The Role of Business in Protecting Children's Human Rights webinar.” YouTube, 27 June 2022, https://www.youtube.com/watch?v=NjtGEDS65Io. Accessed 1 January 2023.

2 “THE UN GUIDING PRINCIPLES ON BUSINESS AND HUMAN RIGHTS AN INTRODUCTION.” OHCHR, https://www.ohchr.org/sites/default/files/Documents/Issues/Business/Intro_Guiding_PrinciplesBusinessHR.pdf. Accessed 1 January 2023.

3 “Children's Rights and Business.” UNICEF USA, https://www.unicefusa.org/supporters/organizations/companies/childrens-rights-and-business. Accessed 1 January 2023.

4 Review of Australia’s Modern Slavery Act 2018, 22 August 2022, https://consultations.ag.gov.au/crime/modern-slavery-act-review/. Accessed 1 January 2023.

5 Norgard, Saxon. “Top Companies Ranked by Respect for Human Rights.” EachOther, 14 March 2017, https://eachother.org.uk/top-companies-ranked-respect-human-rights/. Accessed 1 January 2023.

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