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release of dangerous industrial products. Though some of the aforementioned reports and sources
allude to an impact on human health, there is no detailed reference to the impact on the
enjoyment of human rights. Nonetheless, the release of toxic and dangerous wastes and products
during armed conflict, raises important questions in relation to several human rights and
fundamental freedoms, in particular the right to life, the right to the enjoyment of the highest
attainable standard of physical and mental health, the right to food, the right to information and
participation, the right to a remedy in case of violations, and other human rights enshrined in the
Universal Declaration of Human Rights and other international instruments.
1. Right to life
29. The right to life, which is enshrined in article 3 of the Universal Declaration of Human
Rights and article 6 of the International Covenant on Civil and Political Rights (ICCPR), is
regarded as the most important right, since without respect for it all other human rights would be
devoid of meaning.35 The use in article 6 of the Covenant, of the term “inherent” to describe this
right demonstrates its importance. It is also the first right mentioned in the list of rights for which
no derogation is permitted, even in times of emergency which threaten the life of the nation
(art. 4).
30. The right to life involves at the very least, a prohibition of the intentional or negligent
taking of life by the State. Thus the right can be invoked by individuals to obtain compensation
in cases in which death results from the release of toxic products into the environment, as long as
the responsibility of the State is established. The Human Rights Committee has, nonetheless,
adopted the position that the right to life cannot properly be understood in a restrictive manner,
and the protection of this right requires the adoption by the State of positive measures.36 In the
particular case of the release of toxic and dangerous products during armed conflicts, although
the State might not be responsible for the act that caused the dispersion of chemicals in the
environment, it can be argued that the State may be subject to an obligation to take all possible
measures to ensure the safety of the local population in the aftermath of the incident. These may
include inter alia evacuation, assessment of contamination and a clean-up and remediation
programme.
2. Right to the highest attainable standard of health
31. The fundamental right to health is indispensable for the exercise of other human rights.
Every human being is entitled to the enjoyment of the highest attainable standard of health. The
Committee on Economic, Social and Cultural Rights has stated that the right to health is closely
related to and dependent upon the realization of other human rights, such as the rights to food,
housing, work, education, human dignity, life, non-discrimination, equality, the prohibition
35
M. Nowak, U.N. Covenant on Civil and Political Rights - CCPR Commentary, 2nd revised
edition (Kehl am Rhein, N.P. Engel, 2005), p. 121.
36
Human Rights Committee, general comment No. 6 (1982), para. 5.
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