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.
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