A/HRC/30/40
26.
Furthermore, information gaps regarding hazardous properties, uses and exposure to
hazardous substances, together with latency periods, genetic variation, lifestyle choices and
other variables, create a complex array of uncertainties and unknowns that can obstruct
access to an effective remedy for victims.
27.
Meaningful consent relies upon and cannot be achieved without information. Under
article 7 of the International Covenant on Civil and Political Rights, people have the right
not to be subjected without free consent to medical or scientific experimentation, which
includes human exposure to substances the potential adverse effects of which are unknown.
In the context of hazardous substances, lack of information, together with a lack of consent
to be exposed to substances and their risks, directly affect this right. Furthermore,
protecting the ability of individuals to exercise consent to having hazardous substances
enter their bodies is indivisible, interdependent and interrelated to numerous human rights,
including, among others, the right to self-determination, human dignity and health, as well
as freedom from discrimination (see A/64/272, para. 19, and E/C.12/2000/4, para. 8).
28.
Indigenous peoples have the right to give their free, prior and informed consent
about the exploitation of resources on their land and about the storage and disposal of
hazardous substances in their lands or territories, and other rights that require information
about hazardous substances.25
29.
Access to information is necessary to evaluate the implications of hazardous
substances with respect to groups that are at higher risk of harm from hazardous substances.
Low-income or minority communities, indigenous peoples and other groups may be
disproportionately at risk of adverse impacts owing to higher levels of exposure.
30.
Children are particularly at risk of serious and irreversible effects from exposure to a
myriad of hazardous substances in their homes, schools and playgrounds. Children are
often exposed to higher levels of hazardous substances than adults and this exposure comes
during critical periods of development, when children are at greatest risk of adverse impacts
from carcinogens, hormone disrupting chemicals, mutagens, reproductive toxicants and
other hazardous substances.
31.
Workers are also exposed to above-average levels of hazardous substances, with
regular reports of inadequate training and adverse health impacts from preventable
accidents and occupational exposure. Workers have the right to remove themselves from
situations they believe are hazardous, which is contingent on information about the known
and unknown risks of the substances to which they are exposed.
C.
Normative content of the right to information on hazardous substances
and wastes
32.
International human rights standards together with international chemical standards
can serve to clarify the normative content of the right to information on hazardous
substances and wastes. In the Special Rapporteur’s view, the right to information on
hazardous substances and wastes would require that relevant information be available,
accessible and functional, in a manner consistent with the principle of non-discrimination.
Furthermore, it needs to be ensured that people who may be exposed to hazardous
substances and wastes are aware that they have a right to information and understand its
relevance.
25
8
See United Nations Declaration on the Rights of Indigenous Peoples, arts. 29 and 32; International
Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169) .
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