References to occupational exposures
Challenges faced by workers
as a disease for several years. Due to these and other factors, only a small percentage of workers
have access to an effective remedy for violations of their rights.
Child labourers, female workers, migrant workers and residents of low-income communities are
significantly more vulnerable to toxic impacts due to unique sensitivities, cumulative impacts or
unequal protections under the law. One of the worst forms of child labour is that in which
children work with, or are exposed to any level of, hazardous substances. The World Health
Organization (WHO) has published studies showing that children who work with hazardous
substances have shorter average lifespans. Children are also at risk through the transmission of
their parents’ occupational exposures, in particular from their mother while they are in the womb
or through breast milk. States must ensure that workers are able to enjoy the right to safe and
healthy working conditions. States must protect the right of workers to just, decent and favourable
conditions of work by preventing occupational exposure to toxic chemicals, a right that is
indivisible from the right to the highest attainable level of physical and mental health and the right
to physical integrity. States must ensure that workers have access to information and effective
remedy for violations; they must also ensure that migrant workers enjoy the same rights as
nationals of the State of employment regarding protection from toxic exposure.
•
Exploitation of
those most at risk
The report recommends States uphold human rights through legislation to protecting against
infringements resulting from toxic exposures at work. Many States have established constitutional
rights and legislation of direct relevance to toxics in the workplace. Legislation in place covers
particular life-cycle stages, different types of substances, different product categories, information
requirements and other aspects relevant to the State’s duty to protect.
•
Inadequate
standards of
protection
•
Limited progress in
prevention of
exposure
•
Deliberate efforts
to delay or obstruct
protection from
toxic exposure
•
Limited progress in
prevention of
The report recommends States translate evidence of potential impacts on the enjoyment of human
rights into timely and effective measures to respect, protect and fulfil each right implicated. The
ability to protect the human rights to life and to health and to realize the right to access to the
benefits of scientific progress and its applications hinges upon the ability to translate evidence
into protective laws and policies. As discussed above, States must make expeditious progress in
the realization of the rights to life and to health, taking all possible measures to protect those
rights. However, despite evidence of risks and impacts, there have been instances where the
procedures of some States have enabled private interests to use scientific uncertainties as a basis
for delaying action to reduce risks. This has led to extreme delays, some lasting decades, in
translating evidence of hazard and risk into measures necessary to protect workers, children and
others most at risk. This is an unfortunate exploitation of scientific uncertainty by private
interests. Scientific uncertainty will always exist. Several States have adopted the principle of
precaution to help ensure that action is taken despite those uncertainties. The principle of
precaution is essential to the progressive realization of numerous human rights implicated by
hazardous substances and wastes.
The report notes that businesses should identify and assess the actual and potential adverse human
rights impacts in which they may be involved either through their own activities or as a result of
their business relationships. They should identify actual and potential impacts throughout the life
A/HRC/39/48
52
Report
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