Understanding the obligations of non-state actors in the realisation of children's rights

Not only states, but also corporations and NGOs have a legal obligation to protect children's rights

By: Dhliwayo, R
Published by: Institute for Democracy in South Africa (IDASA), 2007
Via: Eldis

National and international laws and conventions have long declared the obligation of states to protect children’s rights. But what obligations fall on non-state actors such as NGOs and corporations, and what mechanisms exist to ensure they meet those obligations? This paper surveys the range of international and national mechanisms that assert and enforce the obligations of state and non-state actors to protect and realise children’s rights. Based on this review it argues that:

• various treaties and conventions have established the obligations of non-state actors to respect, protect and fulfill children’s rights in their delivery of services
• in order to fulfill its obligations under international laws, states must control non-state actors within their jurisdiction
• in some cases non-state actors’ duties extend to taking positive steps to improve the realisation of children’s rights, and this may require providing services in areas where the state is not capable of providing them

The report then examines national approaches to establishing and enforcing non-state actors’ obligations, focusing on the South African constitution’s protection of socio-economic rights, and laws that enable prosecution of US parent companies whose subsidiaries or affiliates stand accused of directly committing human rights violations. Finally, the report considers the effectiveness of soft laws or non-binding mechanisms, such as market-based remedies and corporate social responsibility, and explores efforts to address some of the failings of voluntary codes of conduct for corporations. The paper concludes that there is no question that non-state actors have responsibilities to respect, and in some cases act to fulfill, children’s rights. While international human rights law is one means to try to force states to control non-state actors, domestic remedies should also be considered, which will require both legislation and awareness-raising.

(http://www.idasa.org.za/gbOutputFiles.asp?WriteContent=Y&RID=1791)