A/HRC/36/41
Employ a whole-of-government approach
69.
Protecting human rights against the effects of toxics almost invariably implicates
numerous divisions of national Governments. This necessitates coordination and
cooperation among the ministries responsible for environment, health, labour, energy, food,
agriculture, economy, trade and justice and others. States must use a whole-of-government
approach to the threat of toxic exposure to ensure that all relevant ministries and agencies
effectively respect, protect and fulfil the human rights that are implicated.
70.
Such coordination and cooperation remain a major challenge in all States, where in
particular health, labour and justice ministries are often not sufficiently engaged, and
related activities are fragmented across a myriad of underresourced agencies and ministries.
Of significant concern is the limited engagement by authorities specifically responsible for
human rights, including independent national human rights institutions, with regard to the
problem of toxic exposure.
Prevent conflicts of interest
71.
States need information in order to conduct the assessments of hazards and risks
required to ensure that measures for protection are in place before adverse impacts
manifest, and in order to realize the right to an effective remedy. Indispensable in this
regard is the integrity of the information on which States rely. States must ensure the
integrity of the evidence-gathering and decision-making processes in order to protect
human rights from being infringed by the effects of toxics.
72.
Conflicts of interest erode the integrity and credibility of institutions upon which
States rely to protect against infringements of human rights resulting from hazardous
substances; such conflicts sometimes even enable human rights abuses to start or continue.
73.
States and international bodies must prevent not only actual conflicts of interest but
also the appearance of such conflicts. For example, in declaration of interests forms for
experts, WHO has referred to both “apparent” and “potential” conflicts of interest. Recent
controversies have illustrated the importance of maximum transparency in appraisals of
apparent or potential conflicts of interest.
74.
The integrity of information relied upon by Governments must be beyond reproach.
The reliance of regulators on industry-funded studies, the exclusion of independent science
from assessments and the confidentiality of studies relied upon by authorities to reach
conclusions are some of the concerns raised in this area. States should develop systems to
reduce public concerns about the integrity of information and the credibility of decisions
taken.
75.
Concerns also consistently surface about conflicts of interest between the private
sector and individuals in public bodies and those charged with reviewing the safety of
hazardous substances to which people are regularly exposed. The “revolving door” between
industry and government is frequently noted with concern. 61
F.
Enable people to claim and defend their rights
76.
In order for human rights obligations to be met and the objective of sustainable
development to be achieved, rights holders must be involved. States must enable people and
peoples to claim and defend their rights. Empowering rights holders, particularly those
most at risk, to defend their rights helps States meet their obligations under human rights
law and uphold principles of accountability, democracy and rule of law.
77.
The ability of rights holders to exercise and defend their rights is fundamental to the
enjoyment of human rights and is at the core of rights-based environmental agreements
such as the Convention on Access to Information, Public Participation in Decision-Making
and Access to Justice in Environmental Matters (Aarhus Convention). Ensuring enjoyment
61
See, for example, A/HRC/34/48, para. 87.
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