A/HRC/36/41
Older persons
39.
Older persons are at elevated risk of disease resulting from exposure to toxic
substances in, among other things, air pollution and following chemical disasters, due to
physiological and psychological changes. According to recent figures from WHO, each
year 4.9 million adults between the ages of 50 and 75 die prematurely as a result of
exposure to an unhealthy environment.44
40.
The gradual decline in physiological processes, the cumulative effect of lifestyle,
occupational and dietary choices and the increase in age-associated diseases and conditions
do not only increase the susceptibility of older persons to health problems caused by
exposure to hazardous substances, such as air pollutants. These factors also complicate
correlation between hazardous exposure and health effects. Furthermore, cognitive
impairments can reduce the ability of older persons to recognize, interpret and react to
hazardous substances in their environment. Victims may be less likely to pursue legal
remedies because of the lengthy process, the efforts required or the complications in
establishing correlation. Differences based on race, gender or ethnicity can introduce
additional variables. Risk assessments by State regulators often do not adequately account
for the elevated risk of adverse impacts among older persons.
Indigenous peoples
41.
Indigenous peoples continue to suffer grave rights abuses in connection with the
contamination of their lands and territories with pollution from extractive industries, toxic
chemicals that migrate long distances via wind and water, and the dumping or leaching of
hazardous wastes. High levels of toxic chemicals and pollutants often accumulate in
traditional foods of indigenous peoples. Rates of cancer and other adverse health effects
have been significantly higher for indigenous communities that must eat, drink and breathe
toxic contamination, which in many cases did not originate in their lands or territories. The
exact magnitude of the impacts is unknown due to serious deficiencies in health monitoring
in many communities. In numerous cases, indigenous peoples have been unable to secure
an effective remedy.
42.
Indigenous peoples have the right to the conservation and protection of the
environment and productive capacity of their lands or territories and resources. 45 This
includes the protection of their food, water, air and soil from toxic pollution and
contamination. To this end, under article 29 (2) of the United Nations Declaration on the
Rights of Indigenous Peoples, States are explicitly required to obtain the free, prior and
informed consent of indigenous peoples regarding the storage or disposal of hazardous
materials on their lands or territories. Indigenous peoples have the right to demand of States
effective measures to ensure that programmes for monitoring, maintaining and restoring
health are designed and implemented by those affected by such materials.46 The Declaration
(art. 18) specifically articulates the right of indigenous peoples to participate in decisionmaking in matters that would affect their rights, through representatives chosen by
themselves in accordance with their own procedures, as well as to maintain and develop
their own indigenous decision-making institutions.
Minorities
43.
Racial, religious and ethnic minorities, including migrants, are often at elevated risk.
Polluting industries, hazardous waste disposal sites, contaminated drinking water and other
sources of toxic exposure are often disproportionately located in minority communities.
Minority communities have also been housed on sites contaminated with high levels of lead
and other toxic substances and wastes. Such communities are often unable to gain access to
effective remedy for toxic pollution and contamination.
44
45
46
10
See www.who.int/mediacentre/news/releases/2016/deaths-attributable-to-unhealthyenvironments/en/.
United Nations Declaration on the Rights of Indigenous Peoples, art. 29 (1).
Ibid., art. 29 (3).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents