A/HRC/39/48
B.
Rights to information, participation and association
24.
Everyone, including workers, has the inalienable rights to freedom of expression,
assembly and association, including the freedom to join and form trade unions, and the
right to information.29
25.
The right to information is the foundation for the realization of all workers’ rights
regarding toxic exposures. As mentioned above, the right to information is indivisible from
the worker’s right to not be exposed to toxic substances without their prior informed
consent. Workers have the right to know, inter alia, the implications of exposure, the action
being taken to prevent exposure and their rights in relation to such exposures.
26.
Public frameworks for collecting, measuring, monitoring, reporting and verifying
information on hazards and exposure levels are necessary for evaluating and analysing
health implications and accountability. Maintaining disaggregated, accurate and complete
information is necessary to understand specific events and for accurate knowledge of the
impact of particular actions on various workers as well as on other exposed groups
including children, women of reproductive age, migrant workers and their families, older
persons and persons with disabilities.
27.
ILO recognizes several aspects of the worker’s (and their representative’s) right to
know in its conventions, as well as of the duties of States and the responsibilities of
employers’ businesses, including chemical suppliers. 30 For example, concerned workers
and their representatives have the right to “information on the identity of chemicals used at
work, the hazardous properties of such chemicals, precautionary measures, education and
training”. 31 However, while the Chemicals Convention calls for the classification of
chemicals according to their potential health hazard (art. 6), it requires suppliers merely to
assess the properties of these substances “on the basis of a search of available information”
(art. 9 (3)), i.e., the Convention does not require them to conduct tests to generate missing
information relevant for such classification.
28.
All health and safety information held by public bodies and business enterprises
should be subject to disclosure, unless it falls within a narrow set of public-interest
limitations such as the protection of privacy or public health (see A/HRC/30/40, paras. 38
and 101 (b)). It is never legitimate for States or businesses to refuse to disclose health and
safety information on the grounds that it is confidential, particularly on the grounds that it
would adversely affect profits or competitiveness (ibid., para. 42). To this end, international
agreements on toxic chemicals have repeatedly stipulated that health and safety information
about toxic substances shall not be regarded as confidential. 32
29.
Workers defending their right to safe and healthy work, among other rights, find
strength in numbers. Strong protections for the right to organize, including the formation of
unions, the right to freedom of association and the right to collective bargaining, have
proven effective in strengthening protections for workers from exposure to toxic substances
as well as other risks. For example, the strength of unions led to the phasing out of tobacco
smoking from indoor spaces. ILO conventions provide for these rights, which it considers
to be fundamental rights at work.
29
30
31
32
Universal Declaration of Human Rights, art. 24; International Covenant on Civil and Political Rights,
arts. 19, 22 and 25; International Convention on the Rights of All Migrant Workers and Members of
Their Families, art. 26.
Chemicals Convention, art. 18; Prevention of Major Industrial Accidents Convention, 1993 (No. 174),
art. 20; Safety and Health in Mines Convention, 1995 (No. 176), art. 13 (1) (c); and Safety and Health
in Agriculture Convention, 2001 (No. 184), art. 8 (1) (a).
Chemicals Convention, art. 18 (3).
Stockholm Convention on Persistent Organic Pollutants, art. 9; Minamata Convention on Mercury, art.
17. See also Dubai Declaration on International Chemicals Management.
7
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