Summary: This report CRC/C/24 includes the
follow-up of the general discussion
and recommendations concerning
the economic exploitation of children
(paragraph 176 –177), p. 37. It
includes an annex on the day of
general discussion which was held
on 3 October 1993 on the economic
exploitation of children (Annex IV).
CRC/C/24
8 March 1994
COMMITTEE ON THE RIGHTS OF THE CHILD
Geneva, 10-28 January 1994
Report adopted by the Committee at its 130th meeting, on 28
January 1994
Extract from the Report on the fifth session (10-28 January 1994)
It includes parts of chapter IV
IV. OVERVIEW OF THE OTHER ACTIVITIES OF
THE COMMITTEE . ................ 124 -182 28
B. Action taken by the General Assembly and
cooperation with the Sub-Commission on
Prevention of Discrimination and Protection
of Minorities .............. 159 -168 34
1. Action taken by the General Assembly
at its forty-eighth session ..... 159 -161 34
2. Cooperation with the Sub-Commission
on Prevention of Discrimination and
Protection of Minorities ...... 162 -168 35
C. Cooperation with Interpol ........ 169 -175 36
D. Follow-up to the general discussion on the economic
exploitation of children 176 -177 37
Recommendations concerning economic exploitation of children
................ 38
IV. General discussion on the economic exploitation of children
.................. 61
Annex IV : GENERAL DISCUSSION ON THE ECONOMIC
EXPLOITATION OF CHILDREN
B. Action taken by the General Assembly and cooperation with the
Sub-Commission on Prevention of Discrimination and Protection
of Minorities
1. Action taken by the General Assembly at its forty-eighth session
159. The Committee took note of the adoption by the General
Assembly of
resolution 48/156 on the "Need to adopt efficient international
measures for
the prevention of the sale of children, child prostitution and child
pornography". It also took note of the concern expressed therein
on the
persistence in the world of situations of the sale of children, child
prostitution and child pornography, as well as the value attached
in this
framework to the Convention on the Rights of the Child and its
effective
implementation at the national level, as an essential means to
prevent and
combat such situations.
160. The Committee noted that the political commitment
expressed by the
international community in general, and States parties to the
Convention in
particular, to ensure the realization of the rights of the child, to
promote
international cooperation and solidarity and to integrate the
Convention into
national action plans would undoubtedly contribute to preventing
and combating
situations of exploitation of children such as the sale of children,
child
prostitution and child pornography.
161. The Committee further noted that there were encouraging
signs at the
present time of achieving that aim. It was important to recall the
undeniable
trend for the universal ratification of the Convention on the Rights
of the
Child by 1995, as recommended by the World Conference on
Human Rights, the
constructive dialogue established between the Committee and
States parties in
the framework of the reporting system established by the
Convention, as well
as the close and fruitful cooperation developed with the Special
Rapporteur of
the Commission on Human Rights on sale of children, child
prostitution and
child pornography. This close cooperation on questions of shared
concern,
often reaffirmed by the Committee had been shown once again
to be crucial
during the Committee’s fourth session when it organized a
general discussion
on the economic exploitation of children, in which the realities of
the sale
of children, child pornography and child prostitution, inter alia,
were
considered. The Special Rapporteur took part in the extensive
consideration
given to this important subject on that occasion (see CRC/C/20,
paras. 186-196). In the light of the importance attached to this
question,
and taking into account the exchange of views during the general
discussion on
the economic exploitation of children, the Committee decided to
organize a
comprehensive dossier containing the relevant instruments
adopted in this
field, namely the two Programmes of Action adopted by the
Commission on Human Rights (see para. 177 (a) below), together
with an extended record of the
theme day, as well as to adopt a set of recommendations
designed to improve
the system of prevention, protection and rehabilitation regarding
children in
situations of economic exploitation (see para. 177 (b) below).
2. Cooperation with the Sub-Commission on Prevention of
Discrimination and Protection of Minorities
162. The Committee took note of the letter addressed to it by the
Assistant
Secretary-General for Human Rights concerning the mandate of
Mrs. Warzazi, the
Special Rapporteur of the Sub-Commission on Prevention of
Discrimination and
Protection of Minorities to update the report of Mr. Abdelwahab
Boudhiba on
the exploitation of child labour (E/CN.4/Sub.2/479/Rev.1) and to
extend the
study to the problem of debt bondage.
163. In this framework, the Committee recalled that it had
devoted one day of
its fourth session to a general discussion on the economic
exploitation of
children, thus reflecting the importance it attached to this issue in
the
framework of the promotion and protection of the rights of the
child. The
Committee had on that occasion stressed the urgency of creating
awareness and
raising concern at the growing number of children in situations of
economic
exploitation, the need for integrated and concerted action by
Governments,
United Nations bodies and other competent bodies active in the
field of the
rights of the child, and the decisive role the Convention on the
Rights of the
Child could play in that regard (see CRC/C/20, paras. 186-196 and
annexes V and VI).
164. Furthermore, the Committee recalled that issues relevant to
the Programme
of Action for the Elimination of the Exploitation of Child Labour
were taken
into account when it considered reports submitted by States
parties under
article 44 of the Convention, as reflected in the concluding
observations
adopted by the Committee at the end of its dialogue with States
parties.
165. The Committee decided to inform the Special Rapporteur of
the
Sub-Commission about all the steps it had taken in this regard
and to express
its interest in maintaining close cooperation with her.
166. The Committee also took note of the letter addressed to it
by the
Assistant Secretary-General for Human Rights concerning the
mandate of
Mrs. Ksentini, the Special Rapporteur of the Sub-Commission on
Prevention of
Discrimination and Protection of Minorities on human rights and
the
environment.
167. The Committee recalled that, in the light of the Convention
on the Rights
of the Child, States parties are requested to provide relevant
information on
measures taken, factors and difficulties encountered and
progress achieved in
implementing the provisions of the Convention, including
measures to combat
the risks of environmental pollution (art. 24, para. 2 (c)); to
ensure that
all segments of society are informed, have access to education
and are
supported in the use of environmental sanitation (art. 24, para. 2
(e)); and
to ensure that the child’s education shall be directed to the
development of
respect for the natural environment (art. 29, para. 1 (e)). The
information
provided should also reflect the interdependence and indivisibility
of the
rights of the child and take into account the general principles
reflected in
the Convention, namely non-discrimination, the best interests of
the child,
the child’s right to survival and development, and respect for the
views of
the child.
168. The Committee noted with appreciation that the Special
Rapporteur on
human rights and the environment had included in her second
progress report
(E/CN.4/1993/2, paras. 71-76) relevant information from States
parties’
reports indicating their concern for children and the state of the
environment. In this spirit, and in view of the interest it attaches
to the
field of the environment, the Committee decided to inform the
Special
Rapporteur about the specific measures brought to its attention
in the
framework of States parties’ initial reports. The Committee also
expressed
its interest in being informed of relevant recent developments
brought to the
attention of the Special Rapporteur.
C. Cooperation with Interpol
169. Following a first meeting organized during its second
session, the
Committee held an exchange of views with the Standing Working
Party on
Offences against Minors of Interpol, to further discuss matters of
mutual
concern in the field of the rights of the child and envisage future
areas of
cooperation.
170. For that purpose, Interpol had submitted a document
containing the
conclusions of the First International Symposium on Offences
against Children
and Young Persons, as well as a proposal for a plan of action for
cooperation
with the United Nations in the area of training of law enforcement
officials.
171. The representatives of Interpol stressed the importance its
Standing
Working Party attached to the Convention on the Rights of the
Child and to the
work developed by the Committee, in particular in the fields of
sexual
exploitation of children, the instrumental use of children in criminal
activities, and the sale and trafficking of children, and in the area
of the
rights and interests of children throughout the police
investigation process.
They further emphasized that the approach of the Standing
Working Party had
been inspired by the principle of the best interests of the child to
be taken
as a primary consideration; it envisaged the child as the victim
and not the
perpetrator and it encouraged multidisciplinary cooperation in the
policies to
be adopted.
172. The Committee recalled that, during its recent general
discussion on the
economic exploitation of children, reference had been made to
the work
developed by Interpol in these areas. For that reason the
Committee had
included a specific recommendation in the public statement it had
made on the
outcome of the general discussion (CRC/C/20, annex VI),
encouraging the
adoption of initiatives to combat corruption within police forces.
173. The Committee further stressed that, in the examination of
States
parties’ reports, the question of training of law enforcement
officials on
human rights in general, and children’s rights in particular, had
been raised
and reflected in the recommendations addressed to the States
parties
concerned. In that spirit, the Committee’s concluding
observations had often
encouraged the organization of information and education
campaigns on the
rights of the child to strengthen the prevention of crimes
committed against
children, as well as of training courses in cooperation with the
Programme of
Advisory Services and Technical Assistance of the Centre for
Human Rights.
Some steps had already been taken by that Programme in this
particular area.
174. The field of advocacy and training, recognized as an ongoing
process, was
therefore a common area of concern and could in fact contribute
to enhancing
respect for the dignity of the child, preventing any kind of
discrimination,
fully protecting the child as the victim against all forms of abuse,
including
ill-treatment, and ensuring to the child the right to freely express
his or
her views in all legal proceedings, including during a police
investigation.
175. The Committee therefore decided to continue to pay
attention to this
important question and to plan the actions to be developed in
the future at
the national or regional levels in close cooperation with the
Centre for Human
Rights, United Nations bodies and organs, such as the Crime
Prevention and
Criminal Justice Branch, Interpol and other competent bodies
active in the
field. For their part, reaffirming the relevance of close cooperation
with the
United Nations and the Committee on the Rights of the Child, the
representatives of Interpol invited the Committee to be
represented at the
meeting of its Standing Working Party in April 1994, which could
constitute a
first step in the planning of future concerted efforts.
D. Follow-up to the general discussion on the economic
exploitation
of children
176. Following the holding, at its fourth session, of a general
discussion on
the economic exploitation of children, the Committee had
stressed the need for
a continuous response to this urgent matter, and decided to take
the following
steps (CRC/C/20, para. 196):
(a) to make a public statement on the outcome of the general
discussion
day (which was included in the Committee’s report on its fourth
session
(ibid., annex VI));
(b) to establish a working group among its members 2/ to
prepare, in
the light of the discussion and of the provisions of the
Convention, a set of
recommendations to be considered at the Committee’s fifth
regular session;
(c) to consider possible ways of issuing a publication based on the
general discussion.
177. In the light of the above-mentioned mandate, the working
group made two
proposals which were endorsed by the Committee at its fifth
session:
(a) the compilation of a dossier, putting together an extended
record
of the theme day, containing the statements made on behalf of
the Committee
(ibid., Annexes V and VI), the summary records of the discussion
reflecting
the statements made by the participants in the meeting, including
the Special
Rapporteur of the Commission on Human Rights on sale of
children, child
prostitution and child pornography, as well as basic documents
adopted within
the framework of the United Nations system in the field of the
protection of
children against economic exploitation - namely the two
Programmes of Action
adopted by the Commission on Human Rights for the Elimination
of the
Exploitation of Child Labour (resolution 1993/79, annex), and for
the
Prevention of the Sale of Children, Child Prostitution and Child
Pornography
(resolution 1992/74, annex). This dossier, to be produced and
distributed in
close cooperation with ILO, should be brought to the attention of
all States
parties, United Nations organs and specialized agencies, financial
institutions and development agencies, and other bodies
competent in the
field, including Interpol and the NGO community (see annex IV to
the present
report);
(b) the adoption of the following set of recommendations for
follow-up
initiatives, designed to improve the system of prevention,
protection and
rehabilitation regarding children in situations of economic
exploitation:
Recommendations concerning economic exploitation of children
The Committee on the Rights of the Child, at its fifth session,
recognizing the importance of the problems considered during its
general
discussion on the economic exploitation of children, namely
relating to
child labour, including in the informal sector as is the case of
domestic
servants, the sale of children, child prostitution and child
pornography,
and in the light of the fruitful exchange of views between the
Committee
and United Nations organs, specialized agencies and other
competent
bodies, in particular non-governmental organizations, decided to
continue
to pay attention to this reality in the framework of its activities
and
to adopt a set of recommendations in this area.
Introduction
1. The general discussion on the economic exploitation of children
reflected the important holistic approach to the human rights of
children
stressed in the Convention on the Rights of the Child. In this
spirit,
the Committee on the Rights of the Child recalls that all the rights
are
indivisible and interrelated, each and all of them being inherent to
the
human dignity of the child. The implementation of each right set
forth
in the Convention, as is the case of the right to be protected from
economic exploitation, should therefore take into account the
implementation of, and respect for, all the other rights of the child.
2. The Committee further recalls that, under the Convention,
States
parties have undertaken to respect and ensure all the rights
recognized
therein to all children under their jurisdiction, without
discrimination
of any kind (art. 2), to adopt all appropriate measures in order to
achieve that purpose (art. 4) and, in all actions taken, to regard
the
best interests of the child as their primary consideration (art. 3).
Moreover, in all matters affecting the child, the views of the child
should be given due weight and the child given the opportunity of
participating in any decision-making process affecting his or her
life
(art. 12).
3. This general framework naturally applies also in situations of
economic exploitation of children. Here, as elsewhere, the
Convention
calls upon States parties to take action through the
establishment, in
conformity with its principles and provisions, of an adequate legal
framework and necessary mechanisms of implementation.
4. Such measures will strengthen the prevention of situations of
economic exploitation and of their detrimental effects on the lives
of children, should be aimed at reinforcing the system of children’s
protection and will promote the physical and psychological
recovery
and social reintegration of children victims of any form of economic
exploitation, in an environment which fosters the health, self-
respect
and dignity of the child.
5. Through its reporting system (see Part II of the Convention),
the
Convention also stresses the importance for States parties to
ensure a
periodic assessment and evaluation of progress achieved in the
implementation of the Convention. This monitoring activity will
enable
States parties to review their laws and policies on a regular basis
and to focus on areas where further or other action is required.
The
Committee therefore recalls the relevance of the reporting
system to
improve the situation of children and invites States, United
Nations
organs, specialized agencies and other competent bodies to
consider, in
the specific framework of the protection of the child from economic
exploitation, the following set of recommendations:
(a) The Committee recognizes that only through comprehensive
and
concerted action by all relevant entities in the field of the rights of
the child will it be possible to improve and ensure success to
policies
of prevention, protection and rehabilitation regarding economically
exploited children. For this reason, it stresses the importance of,
and the need for, coordination, at both the national and
international
levels.
(i) The Committee recommends in this regard the establishment
of a national mechanism for coordinating policies and monitoring
the implementation of the
Convention on the Rights of the Child, having specific competence
in the area of protection from economic exploitation.
a. Such a coordinating mechanism (as is the case of a National
Committee or National Commission on the Rights of the Child),
being composed of the various competent entities at the country
level, is in a position to ensure a global and
multidisciplinary approach to the implementation of the
Convention and to promote an effective interaction and
complementarity of the activities developed. Furthermore, it may
facilitate the gathering of all relevant information, enable a
systematic and accurate evaluation of the reality and pave the
way for the consideration of new strategies for the promotion
and protection of the rights of
the child, including in the field of protection from economic
exploitation.
6. This coordinating mechanism will also be an important reference
focal point for the work of non-governmental organizations,
including workers’ and employers’ organizations, whose
cooperation should be encouraged. In fact, as the World
Conference on Human Rights recognized, such organizations play
an important role in the effective implementation of the
Convention, namely in the fields of advocacy, education, training
or rehabilitation - areas which are also of crucial importance in
protecting children from any form of economic exploitation.
(ii) The Committee recalls the essential role attached by the
Convention on the Rights of the Child to international
cooperation. It further recalls that the World
Conference on Human Rights recognized the need for
international cooperation and solidarity to be promoted to
support the implementation of the Convention, and that the
rights of the child should be given a priority in the United Nations
system.
a. The Committee therefore encourages States to consider ways
of strengthening their cooperation and solidarity for the
promotion of the rights of the child, namely at the bilateral and
regional levels.
b. The Committee also encourages the relevant United Nations
organs and specialized agencies, international financial
institutions and development agencies to enhance the
coordination and interaction of their activities, including in the
area of the protection of children against any form of economic
exploitation.
c. The Committee further encourages United Nations organs and
specialized agencies regularly to review and monitor the human
rights and the situation of children, in accordance with their
mandates. In this framework, the Committee recalls the decisive
relevance of the Convention as an inspiring and legal framework
for programmes of technical advice and assistance and reaffirms
the catalytic role the Committee intends to continue to play as a
focal point on the rights of the child within United Nations system-
wide action.
(b) The Committee stresses the essential importance of
information and education to ensure the prevention of situations
of economic exploitation, as well as to protect and rehabilitate
children affected thereby.
(i) The Committee recalls in this framework that States parties
undertake to make the principles and the provisions of the
Convention on the Rights of the Child widely known, by
appropriate and active means, both to adults and children (art.
42).
a. For this purpose, the Committee recommends that States
parties launch wide information campaigns on the Convention
specifically addressed to children, in order for them to become
aware of their rights (including the rights to study, to play and to
take rest), of the measures of protection they can benefit from
and of the risks they face when they are involved in situations of
economic exploitation - as in the case of activities harmful to their
health, preventing their harmonious development, interfering
with their education, or involving them in criminal activities.
b. Similarly, information campaigns aimed at the public in general,
including at the family and community levels and addressed to
workers and employers, should be envisaged in order to raise
consciousness and a deeper understanding of the Convention, in
particular to ensure respect for the dignity of the child, to
prevent discriminatory attitudes, and to achieve effective
protection of children against situations of economic exploitation.
Training for special professional groups working with or for
children, including teachers, law enforcement officials, judges and
social workers, should also be organized and will contribute to
preventing discrimination and the marginalization and
stigmatization of the child, as well as encouraging the taking of
the child’s perspective into due account.
c. All these different activities, which should be developed in close
cooperation between governmental and non-governmental
entities, and in which the media have an important role to play,
will contribute to bringing to light situations of economic
exploitation, often illicit and clandestine, as well as to overcoming
public apathy and indifference towards those situations. Such
action will, furthermore, permit an understanding of the extent of
existing problems and consideration of the adoption of the
measures necessary to face them.
(ii) The Committee stresses the importance of education as an
essential preventive measure to counter situations of economic
exploitation of children. It therefore recommends that education
be given due weight, namely by making primary education
compulsory and free for all children. Furthermore, education
should be envisaged, as recognized by the Convention on the
Rights of the Child, as a decisive tool to ensure the full
development of the child’s personality, talents and abilities, the
occasion to give the child an opportunity to experience childhood
while preparing him or her for a responsible life in society,
benefiting from equal opportunities to make free and informed
choices.
The Committee also recommends that the Convention be
considered, within the framework of school curricula, as a
meaningful illustration of education for human rights, as well as
an incentive to encourage the participation of children in school
and social life, including through the establishment or adherence
to children’s organizations. In the case of children legally
employed, and in the light of article 32 of the Convention, a
flexible system of education should be implemented.
(c) In the area of the protection of the child from economic
exploitation, the Committee considers the child as a person who
should
be given the benefit of respect and solidarity within the family and
society.
(i) In the case of sexual exploitation or exploitation
through work, the Committee considers the child as
a victim who should be given the benefit of special
protection in terms of health, education and
development.
(ii) In any event, the following must be strictly forbidden:
Activities jeopardizing the development of the child or
contrary to human values and dignity;
Activities involving cruel, inhuman or degrading
treatment, the sale of children or situations of
servitude;
Activities that are dangerous or harmful to the child’s
harmonious physical, mental and spiritual development
or are liable to jeopardize the future education and
training of the child;
Activities involving discrimination, particularly with
regard to vulnerable and marginalized social groups;
All activities under the minimum ages referred to in
article 32, paragraph 2, of the Convention on the Rights
of the Child and in particular those recommended by ILO;
All activities using the child for legally punishable
criminal acts, such as trafficking in drugs or
prohibited goods.
(iii) In accordance with article 32 of the Convention on the
Rights of the Child, every child has the right to be
protected from economic exploitation. Taking into
consideration the best interests of the child, States
parties must formulate standards or revise legislation
in force with a view to ensuring the legal protection of
the child from any form of exploitation. States parties
are invited to take all legislative, administrative and other
measures aimed at ensuring the protection of the child, taking
account of all forms of employment,
including employment within the family and in the agricultural
sector and informal employment.
(iv) States parties must also take measures to ensure the
rehabilitation of children who, as a result of economic
exploitation, are exposed to serious physical and moral danger. It
is essential to provide these children with the necessary social
and medical assistance and to envisage social reintegration
programmes for them in the light of article 39 of the Convention
on the Rights of the Child.
Annex IV : GENERAL DISCUSSION ON THE ECONOMIC
EXPLOITATION OF CHILDREN
The United Nations Committee on the Rights of the Child
organized a
general discussion on the economic exploitation of children on 4
October 1993,
with the participation of United Nations agencies and non-
governmental
organizations. Subsequently, the Committee appointed a working
group to
suggest ways of following up the discussion (see CRC/C/20, para.
196).
The following members were appointed to the working group:
Mgr. Luis A. Bambaren Gastelumendi, Mrs. Akila Belembaogo, Mr.
Thomas Hammarberg and
Mrs. Marta Santos Pais.
Recommendations
1. A dossier should be compiled as an extended record of the
general
discussion. It should contain the statement adopted by the
Committee
on 7 October 1993 (ibid., annex VI); the summary records of the
discussion
on 4 October 1993; the written statements made on behalf of the
Committee
(ibid., annex V); the written statement made by the United
Nations Special
Rapporteur on sale of children, child prostitution and child
pornography; as
well as the current key policy documents in the field, namely the
Programme of
Action for the Elimination of the Exploitation of Child Labour
adopted by the
United Nations Commission on Human Rights by its resolution
1993/79, and the
Programme of Action for the Prevention of the Sale of Children,
Child
Prostitution and Child Pornography adopted by the Commission
on Human Rights
by its resolution 1992/74. It is hoped that there will be
cooperation with
ILO in the production and distribution of the dossier.
2. These documents should, with a covering letter, be brought to
the
attention of all States parties to the Convention on the Rights of
the Child,
the agencies and institutions mentioned in the Committee’s
statement
of 7 October 1993 (the World Bank, IMF, UNDP, UNESCO, UNICEF,
WHO, ILO,
Interpol and representatives of the NGO community), and any
other competent
body working in the field.
3. The letters to the World Bank and IMF should reiterate the
suggestion
that a discussion be organized between these bodies and the
Committee on the
protection of the rights of the child in programmes for economic
reform.
4. The letter to UNESCO should recommend that the organization
give emphasis
in its future programme of work to making school education an
effective
alternative to child labour, including sexual exploitation of the
child.
5. The letter to ILO should stress the importance of the
organization’s
programme for the elimination of harmful child labour as well as
the
importance of ratification and effective implementation of ILO
standards on
minimum ages and conditions of employment, in particular ILO
Convention 138.
6. The letter to WHO should stress the importance of the right of
the child
to the enjoyment of the highest attainable standard of health
and to
facilities for the treatment of illness and rehabilitation of health.
7. All the letters should emphasize the importance of the
Convention on the
Rights of the Child and relevant programmes adopted in this field,
such as the
United Nations Programmes of Action for the Elimination of the
Exploitation of
Child Labour, and for the Prevention of the Sale of Children, Child
Prostitution and Child Pornography.
8. The Committee on the Rights of the Child, in the light of the
importance it attaches to ensuring effective interaction and
cooperation with
United Nations bodies acting in the field of the rights of the child,
including the Special Rapporteur of the Commission on Human
Rights on sale of children, child prostitution and child pornography
and the Sub-Commission on Prevention of Discrimination and
Protection of Minorities and its working group on contemporary
forms of slavery, decides regularly to inform those bodies of the
discussions held with States parties on this issue in the
framework of the examination of their reports on the
implementation of theConvention.