Introduction
In an increasingly interconnected global economy, the safeguarding of children’s rights has emerged as a critical concern, particularly regarding the operations of multinational corporations (MNCs) across diverse jurisdictions. Child labour represents a multifaceted social issue influenced by interrelated factors, including poverty, cultural norms, unethical labour practices, market fluctuations, and climate change. These dynamics dictate the conditions under which children are compelled to engage in labour, thereby underscoring the intricate relationship between economic activities and the protection of children’s rights. The actions of businesses can significantly influence the well-being of children; in this context, the Committee on the Rights of the Child (UNCRC), in General Comment No. 16, mandates that Member States ensure that business operations do not adversely affect children’s rights.[1] This comment from the UNCRC emphasises that children are not solely right-holders but also essential stakeholders in the economic landscape, acting as consumers, workers, future employees, and community members affected by corporate practices.[2]
This article addresses a pressing research question: how can multinational corporations be effectively held accountable for violations of children’s rights? As globalisation continues to reshape economic landscapes, it has also created vulnerabilities that expose children to exploitation, particularly within the labour market. The urgent necessity for countries to adopt and enforce comprehensive safeguarding measures is underscored by the need to protect vulnerable children from such abuses. Furthermore, these measures should reinforce a global commitment to eradicating child labour, which is an integral component of the sustainable development goals.
To provide a thorough analysis, this article will first explore the intricate and multifaceted relationship between globalisation and child exploitation, while also briefly addressing the systemic factors that perpetuate this critical issue. Next, it will outline the relevant legal frameworks designed to safeguard children’s rights against economic exploitation. This will be followed by a discussion of the legislation implemented to enforce human rights due diligence, a crucial mechanism for ensuring accountability and protecting the rights of children within global supply chains. By actively promoting and protecting children’s rights, such measures will ensure that the pursuit of economic growth does not come at the expense of human dignity and well-being.
The Impact of Globalisation on Child Labour
Globalisation has had a profound impact on labour markets worldwide. The increase in the transnational movement of resources—whether in the form of goods, services, or labour—has resulted in the erosion of border regulations and state controls. Additionally, the economic and political influence wielded by MNCs has substantially increased. Globalisation has enabled MNCs to, through inter-jurisdictional competition, outsource labour to maximise profits and minimise production costs, often in countries with weak labour protections.[3]
Of particular concern to this article is the prevalence of corporate misconduct, such as child labour, which frequently occurs in these so-called “host” countries. In light of the detrimental impacts associated with a globalised marketplace—where multinational corporations often engage in a “race to the bottom” to reduce production costs while maximising profits—there is an imperative need for robust legal instruments that protect children’s rights.[4]
In the decentralised nature of global business, child labour often results from the outsourcing of production.[5] The chocolate industry serves as a notable example, particularly in West Africa, where small landowners account for approximately 70% of the world’s cocoa supply. Many of these farmers employ child labour to meet the global demand for cocoa, which is essential for the chocolate industry.[6]
In Africa, child labour is a pressing issue, with the continent accounting for both the highest percentage and the largest absolute number of children engaged in economic activities. Approximately 29.8 million children—about one-fifth of the global total—are involved in various business operations across Africa.[7] Recent litigation in the United States involving chocolate production companies such as Nestlé, Archer Daniels Midland, and Cargill has highlighted the prevalence of child labour on cocoa farms. West Africa, particularly Côte d’Ivoire and Ghana, supplies a significant portion of the world’s cocoa.[8] Between 2018 and 2019, approximately 790,000 children in Côte d’Ivoire and 770,000 in Ghana were involved in child labour within the cocoa farming sector. In these regions, 43% of children from agricultural households engaged in hazardous labour, facing risks such as land clearing, heavy loads, agrochemical exposure, sharp tools, long working hours, and night shifts.[9]
The situation of child labour is exacerbated by the volatility of commodity markets and the vulnerability of children, making it increasingly challenging to eradicate child labour in cocoa farming. Contributing factors include climate variability, fluctuating cocoa prices, political and economic instability, and rising global demand for cocoa. Additionally, familial and socio-cultural expectations within communities near cocoa plantations further perpetuate child labour.[10] The cocoa farming process is labour-intensive and often involves children using sharp tools, carrying heavy loads, and being exposed to hazardous chemicals, all of which pose serious risks to their health and safety, despite protections under international and regional legal frameworks.[11]
Legal Frameworks Safeguarding Children’s Rights
There is no single governing source for children’s rights at the international and regional levels; rather, a diverse array of legal frameworks operates in concert to protect the rights of children. These frameworks encompass both specific and general treaties at universal and regional levels, principles of international humanitarian law, customary international law, and the domestic laws and practices of various states. This interconnected legal landscape is designed to provide comprehensive protection for children’s rights. As a result, numerous international instruments have been established to safeguard the rights of children engaged in economic activities, reflecting a collective commitment to preserving their well-being and dignity.
Article 3 of the International Labour Organisation (ILO) Convention 182 defines the worst forms of child labour, including slavery, child prostitution, involvement in illicit activities, and any work that could harm children’s health, safety, or morals. This instrument explicitly protects children from harmful work. Article 3(1) of ILO Convention 138 reinforces this by declaring that work posing substantial risks to children is unacceptable. International labour law is further bolstered by children’s rights-specific instruments, including the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC). When considered collectively, Articles 32 and 36 of the CRC and Article 15 of the ACRWC obligate Member States to implement appropriate and relevant measures to safeguard children from economic exploitation. These provisions were designed to ensure that a child’s health and physical, mental, spiritual, moral, and social development are protected and supported.
When considered holistically, this legal framework is essential for ensuring that children are not exploited as labourers and that their rights to a safe and healthy upbringing are upheld. Despite these protections, MNCs frequently undermine these obligations by resorting to child labour in their pursuit of lower production costs and maximised profits.[12] This exploitation not only endangers the welfare of vulnerable children but also undermines the collective efforts to uphold human rights and ethical standards in global supply chains.
Corporate Responsibility and Accountability for Child Labour
Legislation requiring corporations to conduct human rights due diligence is essential for ensuring accountability and protecting the rights of children in global supply chains. These regulations compel companies to systematically identify, prevent, mitigate, and address the negative impacts their operations may have on human rights, particularly regarding exploitative practices like child labour, which hinder access to education and perpetuate cycles of poverty.[13] The due diligence process involves several crucial steps, including assessing both actual and potential human rights impacts, integrating these assessments into corporate policies and operational practices, systematically monitoring responses, and transparently communicating efforts to minimise harm.[14] For instance, Germany’s Supply Chain Due Diligence Act (GSCDDA), enacted in June 2021, imposes strict requirements on corporations to establish comprehensive risk management systems to address human rights and environmental abuses throughout their supply chains.[15] Similarly, Norway’s Transparency Act, also enacted in June 2021, mandates enterprises to conduct thorough due diligence regarding human rights and decent working conditions.[16]
The recent legislative developments, including France’s Corporate Duty of Vigilance Law from 2017 and the Netherlands’ Child Labour Due Diligence Law adopted in 2019, demonstrate a global movement towards enforcing legal measures that strengthen corporate responsibility for human rights.[17] Influenced by the UN Guiding Principles on Business and Human Rights, these laws adopt a risk-based approach to detecting, preventing, and mitigating violations, with a particular focus on the detrimental effects of child labour on individuals and communities.[18] Collectively, these legislative measures not only enhance corporate governance and accountability but also contribute to the broader objectives of sustainable development. As more jurisdictions adopt similar legal frameworks, the potential for a significant shift toward respecting human rights and eradicating child labour becomes increasingly feasible, fostering a more equitable and sustainable future for all stakeholders.
Conclusion
The protection of children’s rights within the operations of MNCs in a globalised economy presents profound challenges that require immediate and sustained action. This article has explored the intricate relationship between globalisation, corporate practices, and the exploitation of child labour, highlighting the urgent need for comprehensive legal frameworks capable of holding MNCs accountable for human rights violations, particularly those involving children.
MNCs wield significant economic and political influence, and their expanding global reach necessitates an equivalent level of accountability. The need to hold these corporations responsible extends beyond the Nestlé case in the United States; this case serves as a stark reminder of the broader issue concerning the global scope of corporate activities. It underscores the imperative to address business practices that transcend national borders, especially when MNCs are implicated in human rights violations such as the exploitation of child labour. Globalisation, therefore, compels states and legal systems to evolve, ensuring that MNCs are held to international human rights standards, regardless of where abuses occur. Furthermore, the effective enforcement of human rights standards must account for the complex network of actors involved in global supply chains. The Nestlé case exemplifies the vast operational reach of MNCs, reinforcing the notion that large corporations should not be allowed to obscure their ethical responsibilities behind economic interests, particularly when vulnerable children are exploited. As nations increasingly implement robust protective measures, the global fight against child labour must be positioned as a central component of sustainable development. Successful implementation of these measures will not only reduce the risk of exploitation but will also contribute to the creation of a more just and equitable world, where the rights of all children are fully recognised, respected, and upheld.
[1] UN Committee on the Rights of the Child General Comment No 16 (62nd session, 2013) “State obligations regarding the impact of the business sector on children’s rights” UN Doc CRC/C/GC/16 para 2.
[2] UN Committee on the Rights of the Child General Comment No 16 (62nd session, 2013) “State obligations regarding the impact of the business sector on children’s rights” UN Doc CRC/C/GC/16 para 2.
[3] Lindsey Wilkinson, ‘Piercing the Chocolate Veil: Ninth Circuit Allows Child Cocoa Slaves to Sue under the Alien Tort Statute in Doe I V. Nestlé USA’ (2018) 63 Villanova Law Review Online: Tolle Lege 2020.
[4] Rachel Chambers, ‘An Evaluation of Two Key Extraterritorial Techniques to Bring Human Rights Standards to Bear on Corporate Misconduct, Jurisdictional Dilemma Raised/created by the use of the extraterritorial Techniques’ (2018) 14 Utrecht Law Review 22 26-27 and Lindsey Wilkinson, ‘Piercing the Chocolate Veil: Ninth Circuit Allows Child Cocoa Slaves to Sue under the Alien Tort Statute in Doe I V. Nestlé USA’ (2018) 63 Villanova Law Review Online: Tolle Lege 20 21.
[5] UN Committee on the Rights of the Child General Comment No 16 (62nd session, 2013) “State obligations regarding the impact of the business sector on children’s rights” UN Doc CRC/C/GC/16 para 1.
[6] Jeff Luckstead, Heather Snell, Lawton Nalley, Rodolfo Nayga, Joshua Sarpaning, ‘A Multi-Country Study on Consumers’ Valuation for Child-Labor-Free Chocolate: Implications For Child Labor In Cocoa Production’ (2022) 44 Applied Economic Perspectives and Policy 1021 1021-1022.
[7] Jeff Luckstead, Heather Snell, Lawton Nalley, Rodolfo Nayga, Joshua Sarpaning, ‘A Multi-Country Study on Consumers’ Valuation for Child-Labor-Free Chocolate: Implications For Child Labor In Cocoa Production’ (2022) 44 Applied Economic Perspectives and Policy 1021 1022.
[8] Jennifer Isern, ‘Bittersweet Chocolate: The Legality and Ethics of Child Labor in Coca Production in Côte d’Ivoire’ (2006) 11 The Journal of Applied Management and Entrepreneurship 115 117.
[9] NORC at the University of Chicago NORC Final Report: Assessing Progress in Reducing Child Labor in Cocoa Production in Cocoa Growing Areas of Côte d’Ivoire and Ghana (2020) 1 10.
[10] Erika George, ‘Incorporating Rights: Child Labor in African Agriculture and the Challenge of Changing Practices in the Cocoa Industry’ (2014) 21 UC Davis Journal of International Law and Policy 59 64-65 and Alfred Babo, ‘Child Labor in Cocoa-Growing Communities in Côte d’Ivoire: Ways to Implement International Standards in Local Communities’ (2012) 21 University of California, Davis 23 27.
[11] M Sackett “Forced Child Labor and Cocoa Production in West Africa” (2008) 8 Human Rights & Human Welfare 84 85.
[12] A Babo “Child Labor in Cocoa-Growing Communities in Côte d’Ivoire: Ways to Implement International Standards in Local Communities” (2015) 21 University of California, Davis 23 26.
[13] UN OCHCR, ‘Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework’ (United Nations 2011) 1 17-18 and ILO, ‘Gender and Rural Employment Policy Brief # 7 “Breaking the rural poverty cycle: Getting girls and boys out of work and into school’ (2010) 1 1-2 <https://www.ilo.org/media/350866/download> accessed 4 October 2024.
[14] UN OCHCR, ‘Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework’ (United Nations 2011) 1 19.
[15] Marcus Brandenburg, Ronakeh Warasthe, Stefan Seuring, ‘Impact pathways: improving supply chain sustainability by due diligence acts? Insights from a German case’ (2024) Int. J. Oper. Prod. Manag. 859 860 and Livia Buttke, Sebastian Schötteler, Stefan Seuring, Frank Ebinger, ‘The German Supply Chain Due Diligence Act: impacts on sustainable supply chain management from a stakeholder perspective’ (2024) Int. J. Supply Chain Manag. 909 909-910.
[16] Markus Krajewski, Kristel Tonstad, Franziska Wohltmann, ‘Mandatory Human Rights Due Diligence in Germany and Norway: Stepping, or Striding, in the Same Direction?’ (2021) BHRJ 550 550, 553-555 and Livia Buttke, Sebastian Schötteler, Stefan Seuring, Frank Ebinger, ‘The German Supply Chain Due Diligence Act: impacts on sustainable supply chain management from a stakeholder perspective’ (2024) Int. J. Supply Chain Manag. 909 910.
[17] Livia Buttke, Sebastian Schötteler, Stefan Seuring, Frank Ebinger, ‘The German Supply Chain Due Diligence Act: impacts on sustainable supply chain management from a stakeholder perspective’ (2024) Int. J. Supply Chain Manag. 909 910.
[18] Marcus Brandenburg, Ronakeh Warasthe, Stefan Seuring, ‘Impact pathways: improving supply chain sustainability by due diligence acts? Insights from a German case’ (2024) Int. J. Oper. Prod. Manag. 859 860 and Liesbeth Enneking, ‘Putting the Dutch Child Labour Due Diligence Act into Perspective. An Assessment of the CLDD Act’s Legal and Policy Relevance in the Netherlands and beyond’ (2019) Erasmus L Rev 20 20.
