A/HRC/36/41
significantly higher levels. Today, paediatricians refer to the impacts of toxic chemicals and
pollution on children as a “silent pandemic”.31
29.
The timing of exposure is a critical factor in whether exposure to toxic chemicals
may result in adverse impacts on the right to life or health. Children are not little adults.
They have far greater sensitivity than adults at both high and low levels of exposure.
Children also generally have higher levels of exposure than adults to toxic chemicals in
their environment. Adverse health impacts can be irreversible and can even be passed down
from one generation to the next. 32 Risk assessments and subsequent mitigation measures by
regulators must adequately account for the elevated risk of adverse impacts in young
children exposed to hazardous substances.
30.
The incidence of childhood cancer has risen during periods of rapid increase in the
use of industrial chemicals; the higher incidence cannot be explained by genetics or
lifestyle choices alone.33 Moreover, the incidence of testicular, breast and other cancers that
may be triggered by childhood exposure to toxics has also increased in recent decades. Six
hundred thousand children develop irreversible intellectual disabilities every year from lead
poisoning alone. 34 Beyond lead, an untold number of neurotoxicants are believed to be
eroding intelligence and contributing to developmental abnormalities and behavioural
disorders. Type 2 diabetes, previously seen only in adults, is occurring increasingly
frequently in children; chemicals linked to obesity are believed to be a contributing factor.35
Diabetes is predicted to be the seventh leading cause of death by 2030.36 Asthma is one of
the most common chronic diseases among children, with rates rising by 50 per cent every
decade on average.37
31.
States must prevent childhood exposure to toxic substances and pollution. 38 This
obligation flows naturally from children’s right to physical integrity and from the fact that
such exposure makes it nearly impossible to realize every child’s right to the highest
attainable standard of health, to survival and to maximum development, given their extreme
sensitivity to pre- and postnatal exposure. A child’s best interests should guide the
interpretation and implementation of the Convention on the Rights of the Child. Those
interests are best served through the prevention of exposure. Children have the right to
demand that the State take their best interests into account in all actions relating to toxics.
The inability to ensure that a child’s views are heard prior to exposure to hazardous
substances and the impossibility of realizing a truly effective remedy after exposure
reinforce the duty of States to prevent exposure.
Workers
32.
In 2013, the International Labour Organization (ILO) estimated that nearly 2 million
workers per year — between 3 and 4 workers per minute — die prematurely from
occupational diseases linked to toxic chemicals. 39
33.
Laws in most countries permit workers to be exposed to levels of toxic chemicals
hundreds of times higher than the exposure allowed among the general public and often do
not take into account real-world exposure scenarios or gender-specific and other
sensitivities. Workers are frequently unable to exercise their right to freedom of association
and collective bargaining, which is necessary to secure a healthy workplace.
34.
Workers should have the right to remove themselves from conditions they believe
are unsafe, and the right to information regarding occupational health and safety. However,
31
32
33
34
35
36
37
38
39
8
See A/HRC/33/41, para. 4 (citing Philippe Grandjean and Philip J. Landrigan).
Ibid., para. 2.
Ibid., para. 9 (citing the National Cancer Institute of the United States of America).
Ibid., para. 9 (citing WHO).
See www.psr.org/assets/pdfs/obesity-chemical-causes.pdf and
http://content.healthaffairs.org/content/30/5/842.full.
WHO, “Diabetes”, fact sheet No. 312 (2016).
WHO, “Bronchial asthma”, fact sheet No. 206 (2015).
A/HRC/33/41.
ILO, The Prevention of Occupational Diseases (2013).
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