State obligations regarding the impact of the business sector on children’s rights 2013, para. 30
Paragraph- Paragraph text
- States have an obligation to provide effective remedies and reparations for violations of the rights of the child, including by third parties such as business enterprises. The Committee states in its general comment No. 5 that for rights to have meaning, effective remedies must be available to redress violations. Several provisions in the Convention call for penalties, compensation, judicial action and measures to promote recovery after harm caused or contributed to by third parties. Meeting this obligation entails having in place child-sensitive mechanisms - criminal, civil or administrative - that are known by children and their representatives, that are prompt, genuinely available and accessible and that provide adequate reparation for harm suffered. Agencies with oversight powers relevant to children's rights, including labour, education and health and safety inspectorates, environmental tribunals, taxation authorities, national human rights institutions and bodies focusing on equality in the business sector can also play a role in the provision of remedies. These agencies can proactively investigate and monitor abuses and may also have regulatory powers allowing them to impose administrative sanctions on businesses which infringe on children's rights. In all cases, children should have recourse to independent and impartial justice, or judicial review of administrative proceedings.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2013
- Paragraph type
- Other
- Reference
- CRC General Comment No. 16, State obligations regarding the impact of the business sector on children’s rights (2013), para. 30.
- Paragraph number
- 30
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