Visit to Brazil, Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes 59. Far too often, the Government and businesses’ response in Brazil has been to blame the worker for injuries. Placing the onus entirely on agricultural workers to protect themselves using personal protective equipment, which is well documented around the world to be improperly used and often unavailable, can amount to victim blaming when exposure occurs. However, the failure lies with the Government for not implementing progressive measures to reduce the toxic threats that workers face. Personal protective equipment should be the resort, yet it is often the first and main measure of protection contemplated. Children 60. Children in various parts of Brazil are subjected to toxic exposures in violation of their rights, from maximum development, life, health and bodily integrity, to having their best interests taken into account, among many others. Among indigenous, quilombola and lowincome communities are their children who face the greatest risk of disease, disability and premature death from exposures, as illustrated by the case of the Yanomami, residents of Piquiá de Baixo and Barra Longa, rural communities sprayed by pesticides, and more. 61. These violations are not only a problem for minority and low-income children. A wide range of human and business activities are resulting in children everywhere in Brazil being born “pre-polluted” and thus pre-programmed for diseases and disabilities later in life.100 V. Participation and human rights defenders 62. Brazil recognizes that everyone has the right and should be guaranteed the opportunity to “meaningful participation” in environmental and other public affairs, to assemble, associate, and organize.101 States should ensure children are empowered to express their views freely and to be heard.102 Indigenous peoples have the right to participate in decisionmaking in matters which would affect their rights, and to maintain and develop their own indigenous decision-making institutions.103 The rights to organize and of collective bargaining are inseparable from the right to safe and healthy working conditions. 104 63. Civil society and labour unions play a critical role, yet they are under attack in Brazil. Leaders, without any substantiation, brand advocates “terrorists”, blaming them for environmental disasters such as the August 2019 oil spill. Institutions with a mandate to ensure civil society participation have been undermined, whereas others are now closed to participation. 64. Parliamentary committees have reported a chilling effect, and a fearful sense of impending danger among individuals, their families, and their communities. 105 Particular concern is raised that indigenous people and quilombolas do not have access to their right to participation in matters that affect their territories.106 65. Changes to labour laws in 2017 and 2019 have reduced union dues collection and collective bargaining power, threatening the viability and efficacy of worker unions.107 Petitions and hearings about the assault on worker’s rights in Brazil have repeated been lodged at the IACHR, including the “Fazenda Brasil Verde” Workers case demonstrating the State’s failure to provide effective remedies for violations, even with knowledge of such 100 101 102 103 104 105 106 107 WHO (2018) https://www.who.int/ceh/publications/Advance-copy-Oct24_18150_Air-Pollution-andChild-Health-merged-compressed.pdf?ua=1. ICCPR article 25; HRC General Comment No. 25 para 6, 8; A/HRC/39/28 para 19. CRC Article 12; A/HRC/39/28 para 59. UNDRIP, Articles 18, 19, and 20. A/HRC/42/41, A/HRC/RES/42/21. Brazil Chamber of Deputies (2019). Id. CIDH, OAS (2019) https://www.corteidh.or.cr/docs/solicitudoc/soc_3_2019_ing.pdf para 44; and Solidarity Center (2019) https://www.solidaritycenter.org/brazil-unions-challenge-attacks-on-workerhuman-rights/. 13