A/HRC/33/41
109. The Special Rapporteur offers the following recommendations to the various
stakeholders to protect the rights of the child from toxic chemicals.
110.
States should:
(a)
Prevent childhood exposure to pollution and toxic chemicals as part of
States’ obligation to protect children, and guarantee an effective remedy for exposure
and environmental contamination. States must ensure that this is reflected in laws and
policies. States must also ensure the same protection to women and girls of
reproductive age;
(b)
Consider the best interests of the child as a priority when designing,
implementing and monitoring public health, environmental, consumer and labour
laws and policies. States must take into account the fact that specific groups of
children are more likely to be exposed, and are thus at greater risk;
(c)
Ensure the availability of and access to adequate and age-appropriate
information on children’s rights and toxics. States should promote education on toxic
chemicals and pollution in primary schools’ curricula;
(d)
Strengthen childhood exposure-monitoring efforts in all countries,
particularly for those in developing countries and high-risk situations, such as those
living in extreme poverty or in low-income, minority, indigenous, stateless, migrant or
refugee communities. States should also undertake longitudinal cohort studies that are
harmonized, and other studies of pregnant women, infants, and children that capture
exposures at critical windows and sensitive health endpoints along human
development;
(e)
Explicitly set out government expectations for business enterprises to not
expose children to toxics in the context of their business activities and domestic and
international business relationships, in line with the Guiding Principles on Business
and Human Rights, within its guidance to the private sector on children’s rights;
(f)
Eliminate work by children where they are exposed to toxics and ensure
safer alternative employment, and monitoring of children affected. States should
ensure that children affected receive the necessary treatment and compensation.
States should also ensure that women and girls of reproductive age are guaranteed
protection from occupational exposure to toxics and the substitution of toxics with
safer alternatives as the primary means of prevention;
(g)
Conduct a national assessment of children’s environmental health and
identify priority concerns, including children in vulnerable situations, and develop
and implement action plans to address those priority concerns;
(h)
Ensure that children have access to justice and an effective remedy for
violations due to toxics, including remediation of contaminated sites, preventative and
precautionary measures, access to necessary medical and psychological care, and
adequate compensation;
(i)
Establish population-based surveillance systems for adverse health
impacts linked to toxics and pollution;
(j)
Strengthen regulatory agencies and ministries responsible for the
oversight of standards relevant to children’s rights implicated by toxics and pollution,
such as health, consumer protection, education, environment, food, and labour. States
should ensure that they have sufficient powers and resources to monitor and to
investigate complaints and to provide and enforce remedies for abuses of children’s
rights. States should increase and strengthen intersectoral cooperation;
22
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