A/69/286
B.
Relevant instruments of the United Nations Educational, Scientific
and Cultural Organization
12.
Article 6 of the UNESCO Universal Declaration on Cultural Diversity states:
While ensuring the free flow of ideas by word and image care sh ould be
exercised so that all cultures can express themselves and make themselves
known. Freedom of expression, media pluralism, multilingualism, equal access
to art and to scientific and technological knowledge, including in digital form,
and the possibility for all cultures to have access to the means of expression
and dissemination are the guarantees of cultural diversity.
13. In its preamble, the Convention on the Protection and Promotion of the
Diversity of Cultural Expressions recognizes that the dive rsity of cultural
expressions, including traditional cultural expressions, is an important factor that
allows individuals and peoples to express and to share with others their ideas and
values. According to article 2, cultural diversity can be protected an d promoted only
if human rights and fundamental freedom, such as freedom of expression,
information and communication, as well as the ability of individuals to choose
cultural expressions, are guaranteed.
C.
Standards applicable to business enterprises
14. The Guiding Principles on Business and Human Rights offer a general
framework regarding States’ duty to protect against human rights abuses by business
enterprises and the corporate responsibility to respect human rights (see
A/HRC/17/31).
15. More detailed instruments relevant to the issue of advertising are also
available. In particular, the Children’s Rights and Business Principles were released
jointly by the United Nations Children’s Fund (UNICEF), the United Nations Global
Compact and Save the Children in 2013. Principle 6 calls upon corporations to
ensure that communications and marketing do not have an adverse impact on
children’s rights; comply with the standards of business conduct in World Hea lth
Assembly instruments regarding marketing and health; and use marketing that raises
awareness of and promotes children’s rights, positive self-esteem, healthy lifestyles
and non-violent values.
16. The Committee on the Rights of the Child, in its genera l comment 16, stressed
the duty of States to ensure that business activities and operations do not have an
adverse impact on children’s rights, mentioning specifically marketing to children of
products with a potential long-term impact on their health. The Committee noted
that children may regard marketing and advertisements as truthful and unbiased, and
recommended that States adopt appropriate regulations, encourage business
enterprises to adhere to codes of conduct and use clear and accurate product
labelling and information that allow parents and children to make informed
consumer decisions (see CRC/C/GC/16, paras. 19 and 59).
17. Rules have also been adopted for television broadcasters. Directive 2010/13 o f
the European Union, for example, sets minimum rules and standards aiming to
protect minors and human dignity. In particular, audiovisual commercial
communications must be readily recognizable and surreptitious audiovisual
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