The Convention on the Rights of the Child (CRC) identifies individuals aged under 18 as rights holders, while states become duty bearers through ratification. However, the steps that states must undertake to meet these obligations are not always immediately clear. The CRC is an international treaty without a court to deliver binding judgments. This has particular implications for socioeconomic rights, which are not subject to the European Court of Human Rights (ECtHR) and have not been the subject of a rich history of constitutional judgments. While the European Social Charter obligates states to protect children’s rights and the right to health, it does not contain the same breadth of obligations as the CRC and is also not monitored by a court.

This chapter introduces states as the main duty bearers of children’s rights and lays out the central building blocks that the UN Committee on the Rights of the Child (CRC Committee) has developed to shape an understanding of states’ obligations. Different frameworks for understanding their obligations are outlined, focusing on the tripartite typology and reasonableness. The requirement of accountability and the international dimension to obligations are also discussed. It is furthermore acknowledged that while the CRC addresses states’ obligations, its text and general comments recognise that other actors hold responsibilities. The responsibilities of parents and food and beverage companies are therefore also discussed as they are viewed as central actors in the protection of children’s rights in the context of obesity prevention.

The chapter focuses on concepts developed by the CRC Committee and academics, while the next chapter analyses the provisions of the CRC to create a thorough account of states’ obligations in relation to unhealthy food marketing. The focus is on obligations, as children’s rights mean little without corresponding duties on those with power to safeguard them.

THE CONVENTION ON THE RIGHTS OF THE CHILD AND ITS COMMITTEE

The CRC is a binding international treaty that recognises children as ‘fully fledged beneficiaries of human rights’. Under the CRC, children’s personhood is not tied to their eventual transition to adulthood. The treaty calls for societal transformation whereby children are recognised as rights holders, whose best interests must be considered, and whose views on issues affecting them should be sought, albeit subject to their age and maturity.