A/HRC/45/12 I. Introduction 1. Pandemics serve as a magnifying glass, revealing existing patterns of vulnerability, inequality and discrimination, while simultaneously exacerbating injustice and drawing attention to international human rights law obligations neglected by States. No State can meet its human rights obligations without preventing human exposure to pollutants, toxic industrial chemicals, pesticides, viruses, wastes and other hazardous substances. The most vulnerable in society are also the most likely to become victims of hazardous substances. Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the virus responsible for coronavirus disease (COVID-19) is no exception. 2. In light of the current global crisis arising from the COVID-19 pandemic, the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes (toxics), Baskut Tuncak, reminds the international community of the State’s duty to prevent exposure to hazardous substances. He identifies key challenges and issues arising from the COVID-19 crisis, highlighting underlying elements of failures by governments and businesses, and their consequences for vulnerable groups, as well as good practices and progress made in preventing such exposure and slowing the spread of the pandemic. He concludes with recommendations for various stakeholders. 3. The Special Rapporteur was also scheduled to visit the United Nations Interim Administration Mission in Kosovo in March 2020. Owing to the COVID-19 pandemic, the United Nations cancelled the visit. In light of these circumstances, the Special Rapporteur is presenting to the Human Rights Council, in addition to the present report, relevant information on access to remedies,1 based on a case study in Kosovo.2 II. Duty to prevent exposure to the COVID-19 virus 4. Every State has a duty to prevent and minimize exposure to hazardous substances. This incumbent obligation flows clearly and implicitly from a number of recognized human rights and duties of States under international law and human rights standards. Every State has multiple binding human rights obligations that create a duty to take active measures to prevent the exposure of individuals and communities to the COVID-19 virus. It is necessary to assess the extent to which States are respecting their duty to prevent and mitigate the spread of the virus and prevent further losses and new outbreaks. 5. In his 2019 report to the General Assembly, the Special Rapporteur reminded the international community of the State’s duty to prevent exposure to hazardous substances, outlining the legal basis of that duty, derived from and re-enforced by, inter alia, the human rights to life, health, a life with dignity, respect for bodily integrity, equality and access to an effective remedy.3 Human rights treaty bodies and national and international courts have all recognized such a duty. For example, in its general comment No. 14 (2000) on the right to the highest attainable standard of health, the Committee on Economic, Social and Cultural Rights notes that States have a duty to prevent and minimize exposure to hazardous substances to protect against preventable diseases; such substances can also contribute to disabilities. 4 Whether at the molecular or at the population level, it is impossible to minimize exposure to hazardous substances without preventing exposure. The duty of the State to prevent exposure extends to viruses. 6. The State’s duty to prevent exposure is underscored by national and international recognition of the environmental and occupational rights to life, bodily integrity, safe and 1 2 3 4 See www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session45/Documents/ A_HRC_45_CRP_10_EN.docx. References to Kosovo shall be understood to be in the context of Security Council resolution 1244 (1999). A/74/480. Ibid. See also the International Covenant on Economic, Social and Cultural Rights, art. 12. 3