A/HRC/21/48
30.
Article 24 of the Convention on the Rights of the Child stipulates that States parties
recognize “the right of the child to the enjoyment of the highest attainable standard of
health and to facilities for the treatment of illness and rehabilitation of health.” It further
states that States parties “shall strive to ensure that no child is deprived of his or her right of
access to such health care services.” In the same vein, article 32 of the Convention provides
for Sates parties to recognize “the right of the child to be protected from economic
exploitation and from performing any work that is likely to be hazardous or to interfere
with the child’s education, or to be harmful to the child’s health or physical, mental,
spiritual, moral or social development.”
Impact of hazardous substances from extractive industries on women
31.
Maternal health is severely affected by exposure to hazardous substances, especially
during the already immune-challenged gestation period. The Special Rapporteur is alarmed
at the discovery of elevated inorganic mercury levels in the breast milk of mothers in
several countries. He is concerned that this may diminish the right to life of the infant,
reduce the practice of breastfeeding and increase the likelihood for women of diseases
associated with exposure to these substances.
32.
Artisanal and small-scale mining (ASM) is a demanding, dangerous and often only
marginally profitable sector for women; and job opportunities in ASM, even more than
larger-scale mining, can increase the burden of work for women both outside and inside the
home. In some cases, women experience the impacts of ASM differently, either because of
their sex – their biological characteristics as a female –, but more often because of their
gender – their sociocultural definition as women.25 For instance, more often than not, it is
women who tend the gardens or plots of land and grow the food, and so women are
disproportionately impacted by loss or displacement of land. While alternative land may be
provided, often it is further away and requires extra work for it to be as productive as the
land that was taken away. This adds to women’s work, as they must find the time and
energy to tend the replacement land.
33.
Article 25, paragraph 2, of the Universal Declaration of Human Rights underscores
that “motherhood and childhood are entitled to special care and assistance” under the right
to health. Furthermore, article 11, paragraph 1 (f), of the Convention on the Elimination of
All Forms of Discrimination against Women provides for “the right to protection of health
and to safety in working conditions, including the safeguarding of the function of
reproduction.” The Special Rapporteur emphasizes that due to the harmful effects of
mercury on the female reproduction function, international human rights law requires States
parties to put in place preventive measures and programmes to protect women of childbearing age from mercury exposure.
B.
Right to adequate food and nutrition
34.
Due to the disposal of hazardous substances and waste from extraction activities
resulting in contaminated agricultural soils, pollution continues even when production
stops. Ingestion is another major path of exposure to hazardous substances and waste that
has implications on the right to health. Most human exposure to methylmercury is through
the consumption of seafood. Methylmercury which is naturally produced from elemental
mercury in the environment does not degrade. It bio-accumulates in fish and other
organisms, and biomagnifies in larger animals in the food chain, and cooking has no effect
25
10
World Bank, Gender Dimensions of the Extractive Industry: Mining for Equity, Extractive Industries
and development Series #8 (August 2009).
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