A/HRC/30/40
1.
Availability
33.
Information is available when current reliable information has been generated and
collected in a manner adequate to assess the magnitude of potential adverse impacts on the
rights of people from hazardous substances and wastes. Necessary information on
hazardous substances and wastes can include, for example, their intrinsic hazards and
properties, actual and potential uses and releases, as well as protective measures and
regulations. It also includes details about the amounts of substances present in people and
their environments compared with risks, and the prevalence of adverse impacts linked to
hazardous substances, such as cancer, impaired brain function, heart disease and other noncommunicable diseases.
2.
Accessibility
Information about hazardous substances and wastes is accessible when everyone can
seek, obtain, receive and hold available information, unless there is an overriding legitimate
public-interest justification for non-disclosure. Information must be both physically and
economically accessible, and there must be public awareness about its availability and how
to make use of the information. Information is physically accessible when information is
provided in a timely manner, either in response to public inquiries or when the information
holder or information generator actively disseminates information. 26 The information
requested should be provided and made available to the requester in a timely manner. In
addition, information should be physically accessible at the time of purchase and when
using a product containing hazardous substances. To be economically accessible, the cost
of accessing information should be kept at a minimum, possibly charging only the cost
incurred for reproduction of information.
34.
3.
Functionality
35.
Information should be fit for its intended purpose. Making information available or
accessible does not necessarily make it functional. In order to fulfil the criteria of
availability and accessibility, information should be functional. Information about
hazardous substances is not functional unless it works to prevent harm, to enable
democratic decision-making, and to ensure accountability, access to justice and an effective
remedy.
36.
To be functional, information should be scientifically accessible, imparting
knowledge with a reasonable degree of effort on the part of the intended user. Certain
professionals will always require substantially more technical information about hazardous
substances and wastes than potentially affected consumers and community members. For
example, the technical information about hazardous substances appropriate for regulators
and researchers is not user-friendly for consumers at the point of purchase. Technicalities
must be translated into a language that is functional, to enable individuals and groups of
individuals to make informed choices. In doing so, underlying data from which conclusions
are drawn should be accessible to ensure the veracity of such conclusions.
4.
Non-discrimination and equality
37.
Non-discrimination is a pillar of human rights law. In relation to information, it is
essential to ensure that the risks presented by hazardous substances and wastes be made
compliant with this principle. Disaggregated and specialized information is required to
26
For instance, article 49, paragraph 2, of the Georgian Law on Nuclear and Radiation Safety stipulates
that the population of Georgia despite its civil status has a right to receive timely information about
the nuclear and radiation situation.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents