General Comment 16 on State Obligations Regarding the Impact of the Business Sector on Children's Rights: What Is Its Standing, Meaning and Effect?

36 Pages Posted: 3 Sep 2013

See all articles by Paula Gerber

Paula Gerber

Monash University - Faculty of Law

Joanna Kyriakakis

Monash University - Faculty of Law

Katie O'Byrne

Monash University - Faculty of Law

Date Written: September 2, 2013

Abstract

A lot of attention has been paid to the responsibility of business to protect human rights generally, but very little to the role of the business sector when it comes to children’s rights specifically. This lack of attention is being addressed by the United Nations Committee on the Rights of the Child (‘CRC’), which has developed a new General Comment on State Obligations regarding the Impact of the Business Sector on Children’s Rights. This article explores the legal standing of general comments developed by United Nations treaty committees before examining the implications of this new general comment on the business sector and children’s rights. This article also analyses the innovative drafting process adopted by the CRC for this particular general comment and considers whether that process reflects a trend towards increased stakeholder participation in human rights norm-building on the international stage. Finally, the authors evaluate the new general comment in light of the broader international dialogue on business and human rights.

Keywords: child rights, children, business, United Nations, general comments, human rights, stakeholder engagement

JEL Classification: K00, K33, K20, K31, K30

Suggested Citation

Gerber, Paula and Kyriakakis, Joanna and O'Byrne, Katie, General Comment 16 on State Obligations Regarding the Impact of the Business Sector on Children's Rights: What Is Its Standing, Meaning and Effect? (September 2, 2013). Melbourne Journal of International Law, Vol. 14, No. 1, 2013. Available at SSRN: https://ssrn.com/abstract=2319537

Paula Gerber

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Joanna Kyriakakis (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Katie O'Byrne

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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