BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

through their supply chain and business partners, 19 are ensure that companies are legally accountable for any violations of children’s rights and human rights in general. 20 As for the business sectors, many recommendations of the CRC Committee have been addressed to tourism industry (in relation to commercial sexual exploitation of children, sex tourism and trafficking in children), mining (uranium) and extractive industry (gas, oil), and agriculture (including agriculture industry, such as palm oil, soya, cocoa, fisheries), in some cases also to construction sector, food industry, 21 trading companies and financial institutions. 22 In addition to human rights in general and children rights in particular, the CRC Committee has referred to compliance with the health, labour and environmental standards 23 with respect to assessment, implementation and monitoring of business activities. The Committee on Economic, Social and Cultural Rights has urged State parties to take measures to prevent business enterprises domiciled in its territory or under its jurisdiction from committing human rights violations abroad. In this context, the State parties have been demanded to adopt laws imposing a binging obligation on business enterprises to fulfil their duty to care with respect to human rights. The State party has had to provide victims of human rights violations resulting from the activities of such business enterprises with an access to redress in the courts of the State party. 24 The Committee has also referred to protection of specific right, such as the right to food, requiring State parties, for example, to ensure that activities of the private business sector are in conformity with the right to food. 25 Recently, the CESCR Committee has been including a sub-heading on business and human rights into its concluding observations almost systematically. Taking into account developments in the business and human rights agenda, the CESCR Committee has repeatedly recommended developing national plans of action on business and human rights to implement the Guiding Principles, 26 and establishing a legal obligation for companies domiciled in the State party to exercise due diligence to identify, prevent and mitigate the risk of violation of the Covenant rights. The later obligation extends also to the supply chain (subcontractors, suppliers, franchisees, etc.). 27 The Committee has also requested to ensure that victims of violations resulting from the activities of the 19 For example, Italy was requested to provide for a clear framework under proposed legislation for effective monitoring to ensure that companies domiciled in Italy do not contribute to the use of child labour through their supply chain or business partners abroad. Concluding observations: Italy (CRC/C/ITA/ CO/3-4), see also Finland (CRC/C/FIN/CO/4). 20 Concluding observations: Switzerland (CRC/C/CHE/CO/2-4).

21 Concluding observations: Brazil (CRC/C/BRA/CO/2-4). 22 Concluding observations: Netherlands (CRC/C/NLD/CO/4). 23 Concluding observations: Kenya (CRC/C/KEN/CO/3-5).

24 Concluding observations: France (E/C.12/FRA/CO/4). 25 Concluding observations: Indonesia (E/C.12/IDN/CO/1). 26 Concluding observations: Russian Federation (E/C.12/RUS/CO/6), New Zealand (E/C.12/NZL/CO/4), Mexico (E/C.12/MEX/CO/5-6). 27 Concluding observations: Republic of Korea (E/C.12/KOR/CO/4).

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