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 __________________ 37 16/26 WHO, “Set of recommendations on the marketing of foods and non-alcoholic beverages to children”, 2010. 14-58963

Select target paragraph3