A/HRC/33/41
103. Relatedly, adults and children who are physically or mentally disabled due to
childhood exposure to toxics should have access to health care. 136 Such care must enable
those impaired to enjoy a full and decent life, in conditions which ensure dignity, promote
self-reliance and facilitate their active participation in the community. 137
3.
Compensation
104. Compensation for victims is a necessary component of an effective remedy.
However, compensation alone is insufficient, given the persistence of toxics in the
environment and the irreversible and lifelong consequences of many types of exposure.
Prevention must also be a priority, according to human rights obligations.
105. While the risk to businesses of paying victims large compensation awards can help
incentivize companies to phase out toxics in products or to reduce pollution, because of
substantial differences in the strength of product liability laws across jurisdictions, the
threat of compensation is not sufficient. Asbestos is a common example, with countries
unable to ban an unquestionably hazardous substance that kills over 100,000 people per
year, despite billions of dollars in compensation being paid to victims over decades.138
106. Although large sums of compensation are paid following lawsuits involving
hazardous substances and wastes, the vast majority of child victims of air pollution, food
and water contamination, toxic chemicals and pesticides are not compensated. Even in
cases where rights are clearly infringed and the relevant businesses or other actors
identified, realizing an effective remedy and ensuring corporate accountability for harms
due to toxic chemicals or pollution has proven extremely difficult around the world. The
reasons for this difficulty include lack of awareness among victims that their diseases could
have been caused by childhood exposure to toxic chemicals or pollution; the burden of
proof placed on children, including the need to establish causation; fundamental
information that has not been generated or is confidential about the hazards and uses of
substances; the challenge of identifying perpetrators; weak or non-existent legislation; the
costs of legal representation for plaintiffs; endless appeals processes; confidential out-ofcourt settlements; and the use of subsidiaries or contractual relationships to shield corporate
liability.
V. Future work
107. The Special Rapporteur plans to continue working on the obligation of States to
prevent childhood exposure. He plans to carry out further investigations into the nature and
scope of the obligation of States and responsibilities of businesses to prevent exposures,
and into permissible restrictions in that regard, and to provide a guide to good practices.
VI. Conclusions and recommendations
108. States have recognized their duty to protect and realize children’s rights, from
which derives an obligation to protect children from exposure to toxics. These rights
include the right to life and childhood development, the right to health, the right to
physical integrity, the right to be free from the worst forms of child labour, the rights
to food, water and adequate housing, and others.
136
137
138
Convention on the Rights of the Child, art. 23.
Ibid.
UNEP, Global Chemicals Outlook.
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