A Child Rights-Based Approach to Food Marketing: a Guide for Policy Makers
Total Page：16
File Type：pdf, Size：1020Kb
A CHILD RIGHTS-BASED APPROACH TO FOOD MARKETING: A GUIDE FOR POLICY MAKERS April 2018 ACKNOWLEDGEMENTS Research, writing and editing This report was written by Professor Amandine Garde (lead author) and Seamus Byrne, Nikhil Gokani and Ben Murphy (co-authors), from the Law & NCD Unit of the University of Liverpool. Dr. Joshua Curtis and Dr. Gregory Messenger from the Law & NCD Unit provided invaluable comments to an earlier draft. The report benefi tted from the contributions of Bernadette Gutmann, Patrick Geary, Subajini Jayasekaran, Ida Hyllested and Andrew Mawson (UNICEF Child Rights and Business), Carlotta Barcaro (UNICEF Corporate Research), Luisa Brumana (UNICEF Regional Offi ce Latin America and the Carribean), David Clark (UNICEF Nutrition) and Mark Wijne (UNICEF Netherlands). The report also benefi ted from the vital inputs provided by Evangelia Grammatikaki, Charline Daelman, Patricia Schmiedigen and Carly Nyst. Editor: Catherine Rutgers Design: Cecilia Silva Venturini Photograph Credit Cover: © Getty Images Page 6: © UNICEF/UN0149743/Dejo Page 12: © Dreamstime Page 27: © UNICEF/UN036668/Sharma Page 47: © UNICEF/UN033688/Arcos Page 54: © UNICEF/UN055246/Romenzi Page 73: © UNICEF/UN056968/Ose Disclaimer and copyright The views expressed in this publication do not necessarily represent the views of UNICEF, and UNICEF makes no representation concerning the source, originality, accuracy, completeness or reliability of any statement, information, data, fi nding, interpretation, advice or opinion contained herein. All rights to this publication remain with the United Nations Children’s Fund (UNICEF). Any part of the report may be freely reproduced with the appropriate acknowledgement. For more information, visit <www.unicef.org/csr>. © United Nations Children’s Fund (UNICEF) April 2018 CONTENTS Introduction .............………………………………………….............……………..… 4 Part 1. Preventing Childhood Obesity: A Global Concern …………..........…..… 6 1.1 Child obesity and public health ……………………………………………............ 7 1.2 The twenty-fi rst century agenda for preventing obesity ………………….......… 9 1.3 Purpose of this report ……………………………………………………….......…. 11 Part 2. Food Marketing to Children: An Issue of Public Health …………........… 12 2.1 Children’s exposure to unhealthy food marketing ………………………........... 13 2.1.1 Integrated and targeted strategies ……………………………..................... 15 2.1.2 Social networking and children as brand ambassadors ………………........ 16 2.1.3 Marketing techniques and their effects on children ………………….......... 16 2.1.4 Children as a group of particularly vulnerable consumers ……………........ 18 2.2 The WHO Recommendations on the marketing of foods to children …......…. 20 2.2.1 A broad defi nition of marketing …………………………………………....... 22 2.2.2 Benefi ts of a comprehensive approach ……………………………….......... 23 2.2.3 Cross-border marketing …………………………………………………......... 25 2.3 Evidence as the basis for action …………………………………………........…. 25 Part 3. The CRC and a Child Rights Approach to Obesity and NCD Prevention 27 3.1 The Convention on the Rights of the Child ………………………………........… 28 3.2 The value of a child rights approach …………………………………………..….. 30 3.3 Child rights impacted by unhealthy food marketing ………………………….... 31 3.3.1 Health …………………………………………………………………………... 32 3.3.2 Food …………………………………………………………………………….. 36 3.3.3 Life, survival and development ……………………………………………..... 37 3.3.4 Education ……………………………………………………………………….. 38 3.3.5 Information ……………………………………………………………………... 40 3.3.6 Rest, leisure, recreation and cultural activities ……………………………... 41 3.3.7 Privacy ………………………………………………………………………...… 42 3.3.8 Non-discrimination …………………………………………………………….. 44 3.4 The role of parents ……………………………………………………………....… 46 Part 4. Conclusions: Placing Children’s Best Interests First and Foremost ..... 47 4.1 Embedding child rights in government policy processes …………………….... 48 4.2 Incorporating children´s rights in corporate policies and practices…………….. 52 Annex. Key articles of the CRC and other human rights instruments related to reducing the impacts of food marketing on children ……………… 54 Endnotes …………………………………………………………....…………......…...... 62 Bibliography ……………………………………………………………………......…..... 74 A Child Rights-Based Approach to Food Marketing: A Guide for Policy Makers Introduction Part 1 Part 2 Part 3 Part 4 Annex INTRODUCTION A Child Rights-Based Approach to Food Marketing: A Guide for Policy Makers offers a legal analysis that links the WHO Recommendations with a human rights framework, particularly the Convention on the Rights of the Child. In this analysis, the CRC provides the foundation for a child rights approach to ending childhood obesity and the prevention of non-communicable diseases. The Convention on the Rights In May 2010, the 63rd World Health Assembly unanimously endorsed of the Child – interpreted the World Health Organization (WHO) set of recommendations on the in light of the World Health marketing of foods and non-alcoholic beverages to children.1 The WHO Organization’s evidence-based Recommendations urge governments to adopt restrictions on marketing set of recommendations on the to promote better nutrition and contribute to the global objective of marketing of foods and non- ending childhood obesity. alcoholic beverages to children – requires governments to protect Despite the accumulation of independent evidence that unhealthy food children from the negative impacts marketing affects children’s preferences, purchase requests and diets, of marketing unhealthy food. progress towards implementing these recommendations has been slow. For businesses, the Convention provides direction for respecting Food Marketing and Children’s Rights offers a legal analysis that links the and supporting child rights in their WHO Recommendations with the Convention on the Rights of the Child policies and practices. (CRC). After describing the extent of children’s exposure to unhealthy food marketing, this report details which rights are impacted, and outlines government duties and corporate responsibilities to protect and respect these rights. This report is intended for policy makers. It aims to highlight a useful framework for delivering on the government obligation and business responsibility to protect children from unhealthy food marketing. In this analysis, the CRC provides the foundation for a child rights approach to ending childhood obesity and the prevention of non- communicable diseases – with children identifi ed as rights holders and governments as the corresponding duty bearers. Within this framework, all policies and actions that have a potential impact on children should be guided by internationally accepted human rights principles and standards. 4 A Child-Rights Based Approach to Food Marketing: Introduction Part 1 Part 2 Part 3 Part 4 Annex A Guide for Policy Makers Full implementation of the WHO Recommendations can support respect for, protection and fulfi lment of every child’s right to the highest attainable standard of health, adequate food, and other rights discussed in this report. As part of this process, governments should adopt evidence-based systems to determine which foods are unhealthy and which are healthy. This approach also embraces cross-country cooperation to ensure the effectiveness of national measures to protect children. Children´s Rights, in tandem with the CRC, establish The United Nations Guiding Principles on Business a clear foundation for the integration of a child rights and Human Rights states particular attention be given approach in policies, ultimately building practices to the rights and needs of, as well as the challenges that truly respect and support the rights of children faced by, individuals from groups or populations that everywhere, including the most vulnerable and may be at heightened risk of becoming vulnerable marginalized. or marginalized.2 Children are amongst such rightholders, as they are at heightened risk given A Child Rights-Based Approach to Food Marketing: A their still evolving capacities. Guide for Policy Makers is based on deep and detailed research into the relevant literature, as refl ected in The United Nations Framework ‘Protect, Respect its substantial bibliography. With the CRC as a focus, and Remedy’ for Business and Human Rights, and tables on each of its relevant articles offer both the General Comment No. 16 on State Obligations original text and commentary on the related child Regarding the Impact of the Business Sector on rights. FOOD MARKETING AND CHILDREN’S RIGHTS IS STRUCTURED IN FOUR PARTS: Part 1 highlights the consequences of Part 2 discusses the extent to which the growing rates of childhood obesity children are exposed to unhealthy food throughout the world. It focuses on the marketing, and details key elements commitment that governments have made of the WHO Recommendations. It to halt the rise of childhood obesity by 2025, then examines the evidence on how and the framework the United Nations has marketing infl uences children’s food developed to support them in fulfi lling this preferences, purchase requests and commitment. It concludes by describing the consumption patterns. purpose of this report. Part 3 identifi es how some articles of Part 4 discusses how the CRC’s core the CRC are relevant to food marketing, principles – and the United Nations and outlines a child rights approach to ‘Protect, Respect and Remedy’ advancing the global objective of ending Framework and the United Nations childhood obesity. A child rights approach to Guiding Principles on