sector and business enterprises in its General Comment 16. The Committee referred to the
disadvantages children face in ensuring the enforcement of their rights found in the CRC against
businesses’ abuses; it emphasizes that all businesses must meet their responsibilities concerning
children’s rights and that the State must see that they do. Specifically in regards to Article 6 of
the CRC, the Committee stressed in General Comment 16 that business activities impact the
rights contained in this Article. One such impact is environmental degradation, which impacts a
child’s right to food, etc. The Committee emphasized the importance of both preventative
measures and monitoring the impact businesses have on the environment. The Committee’s
observations on both Colombia and Chile touch upon abuses by businesses and the States’ lack
of plan and/or precaution.234
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW): The primary objective of the CEDAW is the prohibition of all forms of
discrimination against women (Article 2). The State parties have the obligation to take all
appropriate measures, including legislation, to ensure the full development and advancement of
women in all fields, in particular in the political, social, economic, and cultural fields (Article 3).
In addition, the CEDAW requires States to take into account the particular problems faced by
rural women and to guarantee that they enjoy the right to adequate living conditions, including in
relation to housing, sanitation, and water (Article 14). In its General Recommendation on
gender-related dimensions of disaster risk reduction in the context of climate change, the
Committee on the Elimination of Discrimination against Women stresses that “limiting fossil
fuel use and greenhouse gas emissions and the harmful environmental effects of extractive
industries such as mining and fracking, as well as the allocation of climate financing, are
regarded as crucial steps in mitigating the negative human rights impact of climate change and
disasters.”235 The Committee further emphasizes that “any measures to mitigate and adapt to
climate change should be designed and implemented in accordance with the human rights
principles of participation, accountability, non-discrimination, empowerment, transparency and
rule of law.”236
UN Guiding Principles on Business and Human Rights (UNGPs): Principle 1
recognizes an obligation on the part of the State to protect against abuses committed by
businesses that negatively affect people within its territory and/or jurisdiction. 237
234
Maastricht Principles Drafting Group brief, at pgs. 7-8 (citing General comment No. 16 (2013): State obligations
regarding the impact of the business sector on children’s rights, U.N. Doc. CRC/C/GC/16 (Apr. 17, 2013); UN
CRC, UN Committee on the Rights of the Child, Concluding Observations, Chile, ¶ 20, U.N. Doc.
CRC/C/CHL/CO/4-5 (Oct. 30, 2015); UN CRC, UN Committee on the Rights of the Child: Concluding
Observations, Colombia, ¶¶ 17-18, CRC/C/COL/CO/4-5 (Mar. 6, 2015)).
235
Committee on the Elimination of Discrimination against Women, General Recommendation No. 37 on Genderrelated dimensions of disaster risk reduction in the context of climate change, ¶ 14, U.N. Doc. CEDAW/C/GC/37
(Feb. 7, 2018),
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/1_Global/CEDAW_C_GC_37_8642_E.pdf.
236
Id..
237
Maastricht Principles Drafting Group brief, at pgs. 4-5 (citing United Nations Human Rights Office of the High
Commissioner, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect,
Respect and Remedy” Framework, 2011,
http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf [hereinafter UN Guiding
Principles on Business and Human Rights]).This is also mentioned in Section I on Jurisdiction, supra.
49
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