A/HRC/30/40
1.
To generate, collect, assess and update
50.
To respect, protect and fulfil human rights, States have a duty to investigate the
actual and potential human rights impacts of hazardous substances and wastes throughout
their life cycle. As such, States have a duty to generate, collect, assess and update
information on hazardous substances and wastes. Substances must be assessed for: (a) their
hazardous properties, such as the ability to cause cancer or explode; (b) the likelihood of
exposure, including for those at risk of disproportionate levels of exposure; (c) the risk of
harm; and (d) options available to prevent harm.
51.
This duty needs to be carried out regularly, systematically and with special attention
given to continuing innovation in the development of new substances with unique risks, and
information being generated about the risks of hazardous substances. Because neither
industry nor science is static, States must continue to perform this duty diligently, as close
as possible to the pace of scientific advancements. An example of this duty is found under
article L124–7 of the French Environment Code which calls on the public authorities to
make sure that the information about the environment that they have collected is precise
and up to date and can enable comparison.
52.
States have a duty to ensure that information about public health and other public
interests is available to individuals, and that each person can exercise his or her human right
to information. For example, the European Court of Human Rights held that the State had
breached its duty to provide “essential information that would have enabled [the nearby
community] to assess risks they and their families might run if they continued to live at
Manfredonia, a town particularly exposed to danger in the event of an accident at [the
chemical] factory”.37 Significantly, the State was not in possession of the information. 38
53.
While many countries do not have specific domestic legislation or policies in place
to ensure that a minimum amount of critical information is generated, collected, assessed
and updated on the properties, uses and fate potentially of all hazardous substances, certain
States have taken action individually and jointly to address the information gaps that
prevent States from assessing actual and potential human rights impacts from hazardous
substances and wastes. The OECD Mutual Acceptance of Data system and high production
volume chemicals programme helped to generate, collect and assess information on the
most widely used hazardous substances and wastes efficiently and through international
cooperation.
54.
The European Union has led efforts to generate, collect and assess information on
the hazardous properties and uses of approximately 30,000 industrial substances. Under the
2006 European Union Regulation on Registration, Evaluation, Authorisation and
Restriction of Chemicals, businesses must provide States with a minimum amount of
information on the hazardous properties of industrial chemicals produced or imported at or
above one ton per year. If information is not available, it must be generated by businesses
that wish to register the substance for use. Reporting requirements under the Regulation,
where information about hazardous industrial substances must flow up and down the value
chain, to and from chemical manufacturers and downstream users, help to ensure that
substances are being used safely and information is updated.
55.
In the aftermath of the tragedy in Bhopal, several countries adopted laws to generate,
assess and update information about the risk of large-scale chemical accidents and regular
industrial emissions of hazardous substances. In some countries, local governments are
37
38
European Court of Human Rights, Guerra and Others v. Italy (116/1996/735/932), Judgement,
19 February 1998, summary.
Ibid., para. 59.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents