A/HRC/18/31
landfill, bottom ash may contaminate foodstuffs and groundwater resources used for
drinking water. An analysis of free-range chicken eggs collected near a small-scale medical
waste incinerator showed levels of dioxins that were five and half times higher than the
European Union dioxin limit for eggs.20
56.
When it is not disposed of in the backyard of the health-care establishments that
generate it, medical waste is often mixed with ordinary municipal waste and disposed of in
municipal landfills or illegal dumpsites. Heavy metals and other toxins can leach into the
soil and contaminate groundwater resources used for drinking, farming or domestic
purposes by local populations.
57.
In countries where no wastewater treatment facilities exist, wastewater from healthcare facilities is directly disposed of in rivers and other water streams. Health-care facility
effluents contain a significant amount of pathogens, chemicals and pharmaceuticals
excreted by patients that can contaminate surface and groundwater resources used for
drinking and domestic purposes. Because they are designed to have a biological effect,
pharmaceuticals can also have a significant adverse impact on fish and seafood used for
human consumption.
IV.
Current normative framework
58.
In spite of the risks that medical waste may pose to human health and the
environment, the international community has not yet elaborated a comprehensive
framework to regulate the sound handling, transport and disposal of hazardous waste
generated by hospitals and health-care facilities.
59.
While not focusing solely on medical waste, a number of international
environmental treaties regulate specific aspects of the management and disposal of this
particular type of waste; these include the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal and the Stockholm
Convention on Persistent Organic Pollutants. In February 2009, the UNEP Governing
Council agreed on the need to develop a global legally binding instrument on mercury.21
The aim of the instrument, which is currently being negotiated, is to reduce risks to human
health and the environment from the effects of mercury.
60.
Several international organizations, including WHO and IAEA, have elaborated a
number of technical guidance and policy documents to ensure that hazardous waste falling
within the scope of their mandate is managed and disposed of in a safe and environmentally
sound manner.
61.
In addition to the above-mentioned evolving body of norms, the Special Rapporteur
stresses again that the unsound management and disposal of medical waste may negatively
affect the enjoyment of human rights by individuals who either handle this waste or are
exposed to it as a consequence of unsound management or disposal. These rights, which
have been considered in some detail in the part concerning the human rights impact of
medical waste, are set out in the International Bill of Human Rights as well as in other
international and regional human rights treaties.
20
International POPs Elimination Network, Contamination of chicken eggs near the Queen Mary’s
Hospital, Lucknow medical waste incinerator in Uttar Pradesh (India) by dioxins, PCBs and
hexachlorobenzene, 2005.
21
Official Records of the General Assembly, Sixty-fourth Session, Supplement No. 25 (A/64/25), annex
I, decision 25/5, part III.
14
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