A/HRC/55/55
B.
International legal framework
22.
The rights of children and minimum standards for their protection in all areas of life
are outlined in the Convention on the Rights of the Child. Article 34 of the Convention
specifically addresses protection from sexual exploitation and sexual abuse, including
involvement in pornographic performances and materials. Article 13 provides for the child’s
right to freedom of expression, including in the form of art, or through any other media. That
right is not absolute, however, and is subject to certain restrictions, including for respect of
the rights or reputations of others or for the protection of national security or of public order
or of public health or morals.
23.
In article 5, States parties are enjoined to respect the rights and duties of parents or
other persons legally responsible for the child to provide, in a manner consistent with the
evolving capacities of the child, appropriate direction and guidance in the exercise by the
child of the rights recognized in the Convention. Article 16 provides for the child’s right to
privacy, family, home and correspondence and for protection from unlawful attacks on the
child’s honour and reputation, including the protection of the law against such interference
or attacks.
24.
Highlighted in the preambular paragraph of the Optional Protocol to the Convention
on the Rights of the Child on the sale of children, child prostitution and child pornography is
the right of the child to be protected from economic exploitation and from performing any
work that is likely to be hazardous or to interfere with the child’s education, or to be harmful
to the child’s health or physical, mental, spiritual, moral or social development. In article 2
(a), the sale of children is explicitly defined to mean any act or transaction whereby a child
is transferred by any person or group of persons to another for remuneration or any other
consideration. In article 3 (1) it is underscored that any acts and activities relating to the
sexual exploitation of the child or the engagement of the child in forced labour must be fully
covered under each State party’s criminal or penal law, whether such offences are committed
domestically or transnationally or on an individual or organized basis.
25.
While States parties to the Convention on the Rights of the Child are obligated to
protect children from economic exploitation, in the Minimum Age Convention, 1973
(No. 138), of ILO, the minimum ages of 13 years for work that is done outside of school
hours and 16 years for full-time employment are specified. In the Minimum Age
Recommendation, 1973 (No. 146), of ILO, in addition to measures to protect children from
hazardous work, conditions of employment and enforcement are outlined as are requirements
relating to health and safety standards; annual holidays; social security and other insurance
and benefit schemes; fair remuneration and its protection, bearing in mind the principle of
equal pay for equal work; the strict limitation of the hours spent at work in a day and in a
week and the prohibition of overtime, so as to allow enough time for education and training,
including the time needed for homework related thereto; for rest during the day and for leisure
activities; and the granting, without possibility of exception save in genuine emergency, of a
minimum consecutive period of 12 hours’ night rest and of customary weekly rest days.
26.
In the Worst Forms of Child Labour Convention, 1999 (No. 182), of ILO, the worst
forms of child labour, including the sexual exploitation that could occur in the context of
child labour, are addressed. The Convention also contains a call for the protection of children
from such exploitation. Additional safeguards relating to child labour are set out in other ILO
conventions, including the Violence and Harassment Convention, 2019 (No. 190), the
Violence and Harassment Recommendation, 2019 (No. 206), the Night Work of Young
Persons (Non-Industrial Occupations) Convention, 1946 (No. 79), and the Night Work of
Young Persons (Industry) Convention (Revised), 1948 (No. 90).
27.
In its general comment No. 16 (2013), the Committee on the Rights of the Child
highlighted the obligations of States regarding the impact of the business sector on children’s
rights, including the obligations of States to encourage the mass media, including private
media, to disseminate information and materials of social and cultural benefit to the child,
for example, regarding healthy lifestyles. It also stated that the media must be regulated
appropriately to protect children from harmful information, especially pornographic
materials and materials that portrayed or reinforced violence, discrimination and sexualized
GE.23-25843
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