Committee on the Rights of the child, Recommendation for Brazil, par. 21 and par. 22 (2015)

Text of the recommendation

21. The Committee takes note of Act No. 11.265 of 2006, which regulates food industry advertising and marketing practices as regards children. However, the Committee is deeply concerned that activities of the mining and construction sectors, as well as of agribusinesses, food corporations and large-scale sporting and/or entertainment events, frequently results in the resettlement of communities without compensation or appropriate services, the contamination of water resources and food, unhealthy diets due to misleading advertisements, and environmental degradation. The Committee is also concerned about the lack of regulatory frameworks covering the social and environmental responsibility of business corporations and industries.

22. In the light of its general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, the Committee recommends that the State party:

(a) Establish a regulatory framework to deal with the impact of the business sector on children’s rights, particularly that of the mining and construction sectors, agribusinesses and food enterprises, and that of large-scale sporting or entertainment events, operating in the State party, to ensure that their activities do not negatively affect human rights or endanger environmental or other standards, especially those relating to children’s rights;

(b) Ensure effective implementation by companies of international and national environmental and health standards, effective monitoring of the implementation of those standards, and appropriate sanctions and/or remedies when violations occur;

(c) Require companies to undertake assessments of, consultations on and full public disclosure of the environmental, health-related and human rights impacts of their business activities and their plans to address such impacts.