A/HRC/39/48
intermediate substances in production processes and the products of the decay of substances
over time under different conditions.
65.
A persistent challenge to realizing the right to information in the context of toxic
chemicals are claims of confidentiality or secrecy. Illegitimate claims of confidential
business information or trade secrecy regarding toxic substances and possible exposures
can deprive workers of their human rights, including to safe and healthy working conditions
and access to remedies. Illegitimate claims of confidentiality and secrecy involving health
and safety information can mask problems and thereby stifle innovative research on
products and processes to improve occupational health, while promoting a sense of
impunity that can become contagious among business enterprises that continue to exploit
and abuse workers by exposing them to toxic substances, and justify deriving benefits from
doing so.
66.
It is of great importance that health-related information be collected, processed and
used in a well-controlled system that protects the privacy of workers and ensures that health
surveillance is not utilized for discriminatory purposes or used in any other manner
prejudicial to their interests.61 But it is of equal importance that workers have access to their
own medical records.
J.
Limited implementation of International Labour Organization
instruments
67.
Concerns exist that relevant ILO standards for the protection of the human rights of
workers are not adequately implemented and others are outdated. An independent
assessment commissioned by ILO of its own organizational challenges attributed this to,
inter alia, limited or non-existent collaboration of units and limited financial resources
devoted to occupational safety and health-related activities.62
68.
The low levels of ratifications of ILO instruments on occupational safety and health
may be another factor, although they may in some cases be useful models for national
standards. Yet another may be the regrettable exclusion of the right to safe and healthy
work as a “fundamental right at work” by the ILO Governing Body.
K.
Restrained freedom of association
69.
Challenges persist in realizing what ILO does consider to be fundamental rights at
work, namely the rights to freedom of association, to organize and to collective bargaining.
Certain categories of workers are denied the right of association in some countries. 63
Workers’ and employers’ organizations are illegally suspended or interfered with, and in
some extreme cases trade unionists are arrested or killed (A/71/385). 64 The inability to
exercise these rights, together with restraints on freedom of expression, hinder the ability of
workers to defend their rights from abuses linked to toxic exposures, individually and
collectively.
L.
Inaccessible remedies, justice and accountability
70.
Studies suggest that only the smallest fraction of workers harmed by exposure to
hazardous substances are able to access remedies. 65 Major obstacles to accountability
61
62
63
64
65
14
ILO, Technical and Ethical Guidelines for Workers’ Health Surveillance, Occupational Safety and
Health Series No. 72 (Geneva, 1998).
ILO, Independent Evaluation of the ILO’s Strategy on Occupational Safety and Health Conditions at
Work (2013), pp. 46−47.
See ILO, International Labour Standards on Freedom of Association.
Ibid.
Andrew Watterson and Rory O’Neill, “Double trouble on relative risk for occupational diseases”,
Hazards Magazine, March 2015.
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