A/HRC/42/41 25. Workers are vulnerable as a group, thus requiring special attention by States; however, some groups of workers are particularly vulnerable, facing a double jeopardy of abuse. Those most at risk of exposure are also those who are often the most vulnerable to exploitation: the poor, children and women, migrant workers, people with disabilities and older persons. They are often prone to abuse of a myriad of human rights and forced to make the abhorrent choice between their health and their income. It is particularly saddening and unacceptable that their plight in most cases remains invisible to most consumers and policymakers with the power to enable a just transition. In lower-income countries in particular, the number of those formally employed is small compared with those who work in the informal sector, with the obvious consequence of putting a great number of persons outside any applicable standards and monitoring and thus at a significantly heightened risk of exposures. 26. In realizing everyone’s right to safe and healthy work, all workers must be protected from exposure to toxic substances regardless of income, age, gender, ethnicity, race, religion or other class or status, whether in formal or informal settings. The right to safe and healthy working conditions is not a privilege; it is a human right of everyone. The ILO Chemicals Convention, 1990 (No. 170) recognizes that workers have the “right to remove themselves from danger … when they have reasonable justification to believe there is an imminent and serious risk to their safety or health” (art. 18). 27. The economic insecurity of low-income workers is never a justification for insufficient levels of protection from exposure to toxic substances. 17 Persons of any gender have the same right to safe and healthy work. Given the differentiated risks between different genders based on differences in biology and social roles, 18 it is essential that States and business enterprises integrate a gender perspective in fulfilling their duties and responsibilities (see, e.g., principles 2, 3 and 12). Exposing children to toxic substances at work is indefensible. 19 Work where children use or are otherwise exposed to pesticides, toxic industrial chemicals, metals or other hazardous substances constitutes one of the worst forms of child labour.20 28. The prohibition against racial discrimination in all its forms applies. Migrant and temporary workers have a right to equality and to enjoy equal treatment to nationals in respect of safety and health and other conditions of work. 21 Race or ethnicity should never be a prohibiting factor in the realization of workers’ right to safe and healthy working conditions. Persons with disabilities have the right, on an equal basis with others, to safe and healthy working conditions and related human rights. Principle 2 – States have a duty to protect the human rights of workers through the prevention of exposure to toxic substances. Commentary 29. Every State has an obligation to adopt measures to prevent occupational exposure to toxic substances. States are required to adopt positive measures to protect the right to life, including adopting any appropriate laws or other measures in order to protect individuals from acts or omissions that may cause their unnatural or premature death or prevent them 17 18 19 20 21 Ibid., paras. 45–47. Ibid., para. 6. See also A/HRC/33/41 and A/HRC/36/41; United Nations Development Programme (UNDP), Chemicals and Gender (2011); Concetta Fenga, “Occupational exposure and risk of breast cancer”, Biomedical Reports, 21 January 2016; and WHO, Summary of Principles for Evaluating Health Risks in Children Associated with Exposure to Chemicals (Geneva, 2011). A/HRC/39/48 and Corr.1, paras. 31 and 49–50. A/HRC/33/41. The Convention on the Rights of the Child recognizes the right of the child to be protected from performing any work that is likely to be hazardous or harmful to the child’s health or physical development (art. 32). The Worst Forms of Child Labour Convention, 1999 (No. 182) identifies as the worst forms of child labour “work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children” (art. 3). International Convention on the Rights of All Migrant Workers and Members of Their Families, art. 25 (1) (a). For the risks to migrant workers, see A/HRC/39/48 and Corr.1 paras. 51–52. 7