A/HRC/36/41
I. Introduction
1.
A long-standing request of the Human Rights Council, predating the current Special
Rapporteur, is a report on good practices in relation to the human rights obligations related
to the environmentally sound management and disposal of hazardous substances and wastes
(hereinafter, such substances and wastes are also referred to as “toxics”1).
2.
The Special Rapporteur wishes to point out that, due to legal developments, political
shifts and progress in science, practices in the context of toxics evolve constantly.
Accordingly, the present report is not intended to be an exhaustive compilation of good
practices. Rather, the Special Rapporteur presents guidelines that can inform good practices
of States and businesses in relation to toxics. The report builds on a number of expert
consultations held by the Special Rapporteur in 2015 and 2016. The Special Rapporteur has
also addressed a questionnaire to States and non-State entities, including businesses and
civil society representatives, which remains available online in English, French and
Spanish.2 The Special Rapporteur is grateful for the submissions received (30 in total).
3.
Due to space limitations and the volume of input received, the Special Rapporteur
does not make reference in the present report to any specific input. He continues to
encourage States and all other interested stakeholders to submit their input. Replies to the
questionnaires will be accepted on an ongoing basis and will inform an online repository to
facilitate knowledge-sharing and exchange.
II. Duties of States
A.
Respect, protect and fulfil
4.
States have an obligation to respect, protect and fulfil recognized rights implicated
by the production, use, release, storage and disposal of hazardous substances and wastes.
As such, States must:
(a)
Refrain from unjustifiable interference with the enjoyment of the rights
implicated by toxics;
(b)
Protect against abuses by non-State actors, particularly businesses, which
requires States to enact and enforce necessary laws and policies on toxics;
(c)
Give sufficient recognition of the human rights implications of toxics in laws
and policies, and take positive action to facilitate the realization of human rights implicated
by toxics, including through budgetary allocations.
5.
Furthermore, States must recognize their obligations to respect, protect and fulfil
human rights extraterritorially. In fulfilling their obligations, States must refrain from
discrimination and ensure substantive equality. 3
6.
Numerous civil, political, economic, social and cultural rights are implicated by
toxics. Those rights are interlinked, interdependent and indivisible. As such, in the present
section, the Special Rapporteur does not refer to all the rights implicated. For example,
while the rights to food, to water and to adequate housing are not discussed specifically,
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2
3
Consistent with the previous reports of the Special Rapporteur and his predecessors, hazardous
substances and wastes are not strictly defined; they include, inter alia, toxic industrial chemicals and
pesticides, pollution, contamination, explosive and radioactive substances, certain food additives and
various forms of waste. For ease of reference the Special Rapporteur refers to hazardous substances
and wastes as “toxics”, but the term as used in the report includes non-toxic but hazardous substances
and wastes as well.
See www.ohchr.org/EN/Issues/Environment/ToxicWastes/Pages/Environmentallysoundmanagement
disposal.aspx.
Modified from a framework proposed by the Special Rapporteur on the human right to safe drinking
water and sanitation (A/HRC/27/55).
3
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