A/69/286
66. Advertising in schools remains unregulated in many countries (see the
responses of Chile, Guatemala, Paraguay, Qatar, Togo, Uganda, and the Defensor
del Pueblo, Plurinational State of Bolivia). Some States (Greece, France, Serbia and
Slovakia) prohibit or limit advertising in public schools on the basis of the
principles of neutrality, purpose of the institution and child protection (see also the
response of the National Human Rights Committee of Qatar). Others, including
Algeria, prohibit all advertising for commercial purposes, but the dividing line
between commercial and non-commercial messaging remains unclear. Some States,
including El Salvador, have intervened to stop situations that have gone beyond
what seems reasonable; in others, such as Finland, parents have the right to decide
the kind of marketing permissible in schools, with a strict prohibition against
disseminating pupils’ contacts for marketing purposes. In other situations,
sponsoring is allowed, but the material cannot contain product marketing. WHO, for
its part, recommends that children not be exposed to any form of marketing of foods
high in saturated fats, trans-fatty acids, free sugars or salt, in particular when they
are in schools and on playgrounds. 37
67. Even when restrictions on advertising are in place, difficulties or loopholes in
implementation arise from general legal provisions that require localized
implementation by municipalities or school boards that are sometimes unaware of
the regulations. Difficulties in interpretation of the law may also emerge (see the
response of Slovakia).
68. For States, local authorities and parents, opposing advertising and marketing in
schools can be difficult. In some contexts, this may impede the ability to secure
sufficient funds to construct and/or maintain school infrastructure, provide pupils
with books, lunches or teachers, organize outdoors activities and games and so on.
Economic recession and cuts in budgets increase the pressure on authorities, who
are then more likely to resort to negotiating agreements with companies. There are
also numerous cases, however, of schools authorizing advertising and marketing
practices on their premises without deriving significant or, indeed, any, financial
gain as a result.
69. The Special Rapporteur stresses that private sponsorship can indeed help in
securing funds needed for the effective functioning of schools. This should not,
however, result in advertising and marketing materials or activities entering school
premises or being targeted at children. The Special Rapporteur is of the view that
companies may still advertise the fact that they sponsor schools, but should do so
outside schools. The only exception to this may be when specific materials, such as
computers or musical instruments bearing logos or brands of the companies
producing them, are donated to schools (known as manufacturers ’ or distributors’
primary consumer product package labels).
70. Taking into
Economic, Social
standards as may
considers that the
private schools.
consideration article 13 of the International Covenant on
and Cultural Rights, which refers to the minimum educational
be laid down or approved by the State, the Special Rapporteur
prohibition of advertising should be applied in both public and
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WHO, “Set of recommendations on the marketing of foods and non-alcoholic beverages to
children”, 2010.
14-58963