Profit Over Protection: Big Business, Commercial Sexual Exploitation of Children, and the Law

“What distinguishes Hecht’s work is his vision for action. Through a thorough and nuanced review of the current international legal framework and its implications for CSEC, Hecht presents a plausible way forward to address the gap he identifies, one that is grounded and informed by his extensive legal and human rights knowledge. Hecht proposes a legal mechanism that acknowledges both how MNCs operate globally, and the accountability required to ensure the safety of children and to bring an end to CSEC.” – Professor Virginia Caputo, from the Foreword

International law is a robust system designed to unite world governments in an effort to cease human rights violations and hold those who commit them accountable. As it currently stands, and by its own design, the international human rights legal regime focuses on and applies only to state actors, meaning that violations committed by non-state actors, such as multinational corporations (MNCs), are seemingly conducted with impunity.

Commercial sexual exploitation of children (CSEC) is a fundamental violation of children’s rights. MNCs have been implicated in CSEC through acts of omission and commission. Despite the fact that much international law has been drafted to protect children around the world from CSEC — most notably the United Nations Convention on the Rights of the Child (UNCRC) and its Optional Protocols — the number of children who have been emotionally and physically harmed by and through MNC conduct has only increased in the past decade.

There have been numerous efforts by international organizations to address the challenges when regulating and monitoring human rights violations by MNCs. States, civil society organizations, and the private sector itself have also attempted to address these human rights violations through domestic law, modifying international law principles, and with civil regulation. Obstacles exist in the effectiveness of each of these approaches, leaving children at risk with no single effective strategy to combat and address rights violations by MNCs.

Profit Over Protection: Big Business, Commercial Sexual Exploitation of Children, and the Law by Mark Erik Hecht conducts a comprehensive review of the current landscape of child law, through the lens of corporate accountability for CSEC. Then, it suggests a new alternative, putting forward an international solution to this international problem.

The book features a special introduction by Guillaume Landry, Executive Director at ECPAT International. It also includes a private sector and legal accountability chart, comparing advantages and disadvantages to current regimes.

Topics Covered

• The differing philosophies of child law and corporate law
• The international regime currently in place to hold the private sector accountable
• Pertinent international organizations
• Alternatives to the international regime and other approaches to private sector accountability
• Recommendations for change

Who Should Read This Book

• Business professionals and corporations looking to adopt relevant corporate social responsibility framework and policies
• Government agencies and policymakers who need an understanding of international law and proposed solutions to CSEC
• Children’s rights advocates and human rights lawyers looking to improve conditions for children
• Legal scholars and students researching international business law, human rights, child studies or corporate social responsibility