A/HRC/42/41
13.
The Special Rapporteur takes note of recent efforts by ILO to add occupational
safety and health as one of the ILO fundamental principles and rights at work. The need for
principles on human rights and the protection of workers from exposure to toxic substances
became clear during the centenary session of the International Labour Conference in 2019,
when a representative of certain employers explicitly insisted that occupational safety and
health was not a human right. The Special Rapporteur encourages ILO and WHO to
continue their efforts directed at reinforcing occupational health and safety standards and
for the ILO Governing Body to recognize occupational safety and health as a fundamental
principle and right at work.
14.
The Special Rapporteur once again wishes to thank all States and other stakeholders
for lending their support with the aim of promoting the rights of all workers in accordance
with the mandate.
II. Principles on human rights and the protection of workers
from exposure to toxic substances
15.
Workers’ rights are human rights, and human rights are workers’ rights. These rights
are interrelated, indivisible and universal. They include civil, political, economic, social and
cultural rights. Every worker has a right to dignity and to be treated ethically, with respect,
and without being subjected to conditions of work that are dehumanizing or degrading. No
one can be deprived of their human rights because of the work they perform.
16.
Safe and healthy working conditions have been explicitly recognized as a human
right since 1966, with the adoption of the International Covenant on Economic, Social and
Cultural Rights. They are a fundamental aspect of the human right to just and favourable
conditions of work. The right to safe and healthy work encompasses many other
interrelated and interdependent human rights, including the rights to life, health, bodily
(physical) integrity and security of the person. These are indivisible from the rights to
information, meaningful participation and the freedoms of expression, assembly and
association, as well as the right to an effective remedy.
17.
Although globally recognized for over 50 years, and despite specific efforts in
certain countries and contexts, the right of all workers to safe and healthy working
conditions, as well as other interrelated and interdependent human rights of workers,
continues to remain insufficiently implemented and realized, particularly with respect to
occupational exposures to hazardous substances. The principles contained in the present
report are offered to help States and other actors better ensure that human rights are
workers’ rights. In the view of the Special Rapporteur, if implemented, the principles will
help strengthen the coherence between human rights and occupational health and safety
standards with respect to the exposure of workers to toxic substances.
18.
For the purpose of the principles, the term “workers” includes not only directly
employed workers but also informal workers, as well as contract workers, subcontractors,
agency and other sorts of temporary workers and all other persons performing work or
work-related activities.
19.
The Special Rapporteur calls on States, business enterprises and other actors to
implement the principles through their respective legal and policy frameworks, as well as
through initiatives and programmes.
A.
Principles on duties and responsibilities to prevent exposure
20.
The human right to safe and healthy working conditions is explicitly recognized in
the International Covenant on Economic, Social and Cultural Rights (art. 7) as a
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