A/HRC/36/41
64.
The cost to public resources and individuals of failing to restrict and ban hazardous
substances can be staggering, and can impede efforts to lift people out of poverty and make
meaningful progress on development. 56 The economic benefits of stronger measures to
protect health against the effects of toxic pollution and contamination have been shown in
several instances to be greater than the cost of implementing such measures.
65.
Recent initiatives have highlighted the utility of cost-recovery mechanisms in
helping government regulators to ensure appropriate health and environmental protection.
In this way, the costs of monitoring and inspection, of technical capacity for risk
assessments and of other necessary regulatory and enforcement activities can be defrayed.
In cases where safer alternatives are unavailable or inaccessible, the internalization of the
public health costs within businesses implicated can help incentivize the development and
adoption of safer products and processes. In 2015, the United Nations Environment
Programme (UNEP) published guidance to support States in establishing measures to
finance necessary administration activities in the management of toxic chemical products,
which has been tested in four countries. 57
66.
International cooperation, including financial and technical assistance, has also been
provided to assist low-income countries in developing the capacities needed to protect
human rights implicated by toxic chemicals. International policy frameworks have also
encouraged the mainstreaming of the management of toxic chemical and waste in
development strategies to help unlock resources. 58
E.
Create effective institutions
Translate evidence into action
67.
States must translate evidence of potential impacts on the enjoyment of human rights
into timely and effective measures to respect, protect and fulfil each right implicated. The
ability to protect the human rights to life and to health and to realize the right to access to
the benefits of scientific progress and its applications hinges upon the ability to translate
evidence into protective laws and policies. As discussed above, States must make
expeditious progress in the realization of the rights to life and to health, taking all possible
measures to protect those rights.
68.
However, despite evidence of risks and impacts, there have been instances where the
procedures of some States have enabled private interests to use scientific uncertainties as a
basis for delaying action to reduce risks. This has led to extreme delays, some lasting
decades, in translating evidence of hazard and risk into measures necessary to protect
workers, children and others most at risk.59 This is an unfortunate exploitation of scientific
uncertainty by private interests. Scientific uncertainty will always exist. Several States have
adopted the principle of precaution to help ensure that action is taken despite those
uncertainties. 60 The principle of precaution is essential to the progressive realization of
numerous human rights implicated by hazardous substances and wastes.
56
57
58
59
60
14
UNEP, Costs of Inaction on the Sound Management of Chemicals (2013). Available at
www.unep.org/chemicalsandwaste/what-we-do/policy-and-governance/reports-andpublications/costs-inaction-initiative.
UNEP Guidance on the Development of Legal and Institutional Infrastructures and Measures for
Recovering Costs of National Administration for Sound Management of Chemicals, available at
www.unep.org/chemicalsandwaste/what-we-do/policy-and-governance/reports-and-publications/liraguidance.
For example, the Strategic Approach to International Chemicals Management, in particular the overall
orientation and guidance for achieving the 2020 goal of sound management of chemicals
(SAICM/ICCM.4/6).
See, for example, Jennifer Sass and Daniel Rosenberg, The Delay Game: How the Chemical Industry
Ducks Regulation of the Most Toxic Substances (Natural Resources Defense Council, 2011).
See, for example, the Rio Declaration on Environment and Development, principle 15, and the Treaty
of Lisbon, art. 191.
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