A/HRC/36/41
(e)
States must establish effective institutions capable of taking timely action
to protect human rights; States must prevent conflicts of interest and should
implement a whole-of-government approach;
(f)
States must enable people and peoples to claim and defend their rights
against the threats of toxic and otherwise hazardous substances and wastes;
(g)
Businesses should conduct human rights due diligence for the life cycle
of toxics in their products and their operations, including supply and value chains,
and should identify and assess risks, prevent and mitigate impacts, and be transparent
and accountable regarding their efforts; States, as part of their duty to protect, should
compel businesses to conduct and publicly disclose such due diligence;
(h)
States must ensure that victims of the effects of hazardous substances
and wastes have access to an effective remedy, including remediation, health care,
compensation and a guarantee of non-repetition, among others, and must reduce
systemic obstacles, including the burden of proof and causation, among others, that
prevent victims of toxic exposure from accessing remedies.
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