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

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