A/HRC/36/41 Accountability, justice and remedy 17. Accountability is a fundamental principle of human rights. States and other duty bearers must be answerable to rights holders for the observance of human rights implicated by toxics. In this regard, duty bearers must comply with the legal norms and standards enshrined in international human rights instruments. Every rights holder is entitled to initiate proceedings for appropriate redress before a competent court or other adjudicator in accordance with the rules and procedures provided by law. States must ensure access to justice and provide effective remedies and restitution to victims of those violations occurring as a result of exposure to hazardous chemicals. 20 18. Most victims of toxics have no access to justice and no semblance of an effective remedy, and most perpetrators of violations relating to toxics are not held accountable. The burden of proving the cause of their illness, the lack of information, the insurmountable costs of judicial remedy, corporate structures, global and devolved supply chains and other factors all obstruct the path to justice and remedy for most victims (see section IV below). Information 19. To protect human rights affected by toxics, States are duty-bound to generate, collect, assess and update information; effectively communicate such information, particularly to those disproportionately at risk of adverse impacts; ensure confidentiality claims are legitimate; and engage in international cooperation to ensure that foreign Governments have the information necessary to protect the rights of people in their territory.21 20. The enjoyment of the right to information is critical in the context of toxics. Information on toxics is essential in order to prevent adverse impacts, to ensure the realization of freedom of expression and to enable individuals and communities to participate in decision-making processes and to seek and obtain remedy. Health and safety information about toxic chemicals must never be confidential. 22 Information must be available, accessible, functional and consistent with the principle of non-discrimination in order for human rights to be respected, protected, enjoyed and fulfilled. 23 Despite notable improvements in many countries over recent decades, the right to information remains insufficiently realized in the area of hazardous substances and wastes, particularly with respect to protecting the most vulnerable from adverse impacts of exposure, whether from consumer products, at the workplace or via food, water, air or other sources. 24 Participation 21. States have an obligation to realize the right to meaningful participation. 25 Governments must facilitate the right to participation in environmental decision-making regarding toxics.26 22. Every citizen has the right and should have the opportunity to take part in the conduct of public affairs, including in relation to toxics, directly or through freely chosen representatives. The critical importance of public participation in the management of toxics is also recognized in international environmental agreements. 27 20 21 22 23 24 25 26 27 6 See E/CN.4/2006/42, para. 45. See A/HRC/30/40, para. 99. See the Stockholm Convention on Persistent Organic Pollutants, the Minamata Convention on Mercury and the Dubai Declaration on International Chemicals Management. See A/HRC/30/40. Ibid. Universal Declaration of Human Rights, art. 21; International Covenant on Civil and Political Rights, art. 25. The Declaration on the Right to Development, which has significantly broadened the meaning of participation, emphasizes in its article 2 (3) that participation is to be active, free and meaningful. A/HRC/7/21. See, for example, Rio Declaration on Environment and Development, principle 10; Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters; and Dubai Declaration on International Chemicals Management.