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.
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