A/HRC/33/41 53. States must also take action to prevent discrimination against and stigmatization of persons who have been exposed to toxics, due to their ill-health, disabilities or other adverse impacts as well as to their opposition to the activities of States and industries. J. Right to be free from the worst forms of child labour 54. Under the Convention on the Rights of the Child, States have an obligation to protect children from performing any work likely to be hazardous or harmful to their health or development.80 The ILO Worst Forms of Child Labour Convention, 1999 (No. 182), in article 3, describes work that harms a child’s health as one of the worst forms of child labour. This has been further clarified to include “work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes… damaging to their health”.81 55. Legislative, enforcement and other measures must be taken by States to prevent children from handling hazardous substances or working in hazardous conditions. 82 Each State party to ILO Convention No. 182 is required to “take immediate and effective measures” to prohibit and eliminate labour practices harmful to the health or development of child workers.83 ILO recommendation No. 190 states that criminal penalties should apply for violations.84 56. States must also protect and fulfil the right of parents to safe work, especially women and girls of reproductive age. 85 As parents’ exposure to toxic chemicals can affect the development of the child, this is inextricably linked to the realization of several rights of the child. Cases of children born with disabilities because their mothers worked with toxic chemicals before or during pregnancy, or harmed by toxic residues brought into the home from work (“take-home exposures”) by their parents or others illustrate the importance of protecting not only women and girls of reproductive age, but the population at large. K. Right to information 57. Children and their caregivers have a right to information about hazardous substances and wastes. The Convention on the Rights of the Child emphasizes the need for information for the promotion of the physical and mental health of the child.86 The right to information is essential to the child’s right to freedom of expression, 87 right to be heard and other rights. 58. Health and safety information about hazardous substances must be available and accessible, in a form that functions to protect the rights of everyone, in particular those most at risk, such as children. 88 As such, children must have access to environmental health information that is “understandable and appropriate to children’s age and educational 80 81 82 83 84 85 86 87 88 Convention on the Rights of the Child, art. 32, and International Covenant on Economic, Social and Cultural Rights, art. 10. ILO recommendation No. 190, para. 3 (d). Convention on the Rights of the Child, art. 32, and International Covenant on Economic, Social and Cultural Rights, art. 10. Worst Forms of Child Labour Convention, 1999 (No. 182), art. 1. See para. 13. International Covenant on Economic, Social and Cultural Rights, art. 7 (b), and Chemicals Convention, 1990 (No. 170) and conventions and recommendations cited therein. Convention on the Rights of the Child, art. 17. Ibid., art. 14 (1). See A/HRC/30/40. 13

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