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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).

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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.

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