References to occupational exposures
Challenges faced by workers
recurrence of similar accidents. He encouraged the State and businesses to ensure that protections
apply to both employees and contractors.
With regard to legislation, the Special Rapporteur recommended that the Government of the
Republic of Korea, among other steps:
Ensure that all laws and policies concerning hazardous substances and wastes provide the greatest
protection to those who are at the greatest risk of harm, including children, women, the elderly,
communities near sources of pollution or contamination, workers and others who are at elevated
risk of harm;
Undertake a robust study on the existing recourse of victims, including workers and consumers, to
an effective remedy for harm that may be due to hazardous substances and wastes, paying
particular attention to the burden placed on victims to establish causation, and develop and
implement solutions to address challenges facing victims in accessing an effective remedy, in
consideration of the recommendations contained in the findings of that study and those of the
national human rights institution, as recommended below;
•
Inadequate
standards of
protection
•
Limited progress in
prevention of
exposure
•
Monitoring and
enforcement gaps
•
Exploitation of
those most at risk
•
Ensure that information is available to prevent exposure to hazardous substances, protect human
rights and ensure that victims have the information necessary to realize their right to an effective
remedy in administrative and judicial systems. The Special Rapporteur underlines that States have
a duty, and businesses a responsibility, to ensure that information about hazardous substances is
available and accessible, and that it functions to protect the rights of everyone;
Failures to realize
the right to
information
•
Inaccessible
remedies, justice
and accountability
Increase efforts to ensure that health and safety information about hazardous substances is never
confidential, and for this purpose ensure the enforcement of existing legislation or the
strengthening of said legislation where necessary;
•
Inaccessible
remedies, justice
and accountability
Establish a centralized mechanism to monitor all human rights impacts of hazardous substances
and wastes, paying particular attention to children, women, workers in all sectors and older
persons, and guarantee that adequate and comprehensive prevention measures are taken as a
result;
The Special Rapporteur also recommended that the national human rights institution: (a) Examine
the challenges faced by victims of chronic exposure to hazardous substances, including workers
and children, who may develop diseases many years after exposure, in establishing causation and
accessing an effective remedy, and make recommendations to relevant ministries; (b) Closely
examine challenges presented by victims of hazardous substances, including workers, in meeting
their burden of proof in order to access an effective remedy under administrative and judicial
proceedings.
A/HRC/39/48
46
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