A/HRC/36/41
of the fundamental rights to freedom of expression, of assembly and of association is
essential in enabling right holders to protect themselves, their families and their community
from rights abuses linked to toxic chemicals, pollution, contamination and waste.
78.
There is a widely recognized crisis facing environmental human rights defenders.
Many such individuals are defending rights in the context of toxic threats from extractive
industries or industrial pollution. The Special Rapporteur on the situation of human rights
defenders has identified, and outlined seven principles that should underpin, good practices
in the protection of human rights defenders, which could help empower defenders to know
and claim their rights.62
79.
Human rights defenders help to secure justice on behalf of victims and to break
patterns of impunity, thereby helping to prevent future violations. Scientists are human
rights defenders. They are at the vanguard of protecting human rights from the abuses tied
to thousands of different hazardous substances, from greenhouse gases to pollutants that
impair the health and well-being of children. Scientists have served as whistle-blowers,
exposing the dangers of hazardous substances in the hope of preventing future violations.
80.
Today, scientists who illustrate the impacts of hazardous substances on human
health are often under attack in the form of threats to their livelihood, through funding cuts,
or to their reputation. In some cases the attacks appear to be in response to increased efforts
to clarify the threat posed by certain chemicals to children’s health.
III. Responsibilities of businesses
81.
Businesses have a responsibility to respect the human rights that are implicated by
their activities, supply chains, products, policies, procedures and business relationships,
including their investments. Virtually all businesses bear some responsibility. The toxic
footprint of businesses individually and collectively across numerous sectors is resulting in
human rights abuses, particularly for vulnerable groups. These impacts stand to increase
along with current projections for increased production and use of toxic chemicals, barring
strong action by States to better protect human rights from the threats they pose.
82.
Fundamental to this responsibility is human rights due diligence in the area of toxic
chemicals, pollution and waste. Businesses need to conduct such due diligence on toxics
produced, used, released, stored and disposed of in the course of their activities, the life
cycle of their products and their business relationships. Good examples do exist of
companies reducing their toxic footprint or striving to respect human rights. While efforts
to link human rights and the reduction of toxics within businesses are limited, examples
exist and continue to be developed.
A.
Identify and assess impacts
83.
Businesses should identify and assess the actual and potential adverse human rights
impacts in which they may be involved either through their own activities or as a result of
their business relationships.63 They should identify actual and potential impacts throughout
the life cycle of their products, including supply and value chains. Traceability of supply
chains and the life cycle of products is essential to identifying human rights abuses linked
to the exposure of workers and communities to toxics.
84.
This requires businesses to go beyond mere compliance with existing legislation and
regulations. Existing legislation has been, and continues to be, outpaced by the rapid
expansion and evolution of key industrial sectors, such as extractive and chemical
industries, and innovation in new products and processes downstream. Legislation lags
farther and farther behind the evidence of hazards, risks and impacts of hazardous
substances and wastes. The rapid expansion of extractive and chemical industries in low-
62
63
16
A/HRC/31/55.
See principle 18 of the Guiding Principles on Business and Human Rights.
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