A/HRC/36/41 I. Introduction 1. A long-standing request of the Human Rights Council, predating the current Special Rapporteur, is a report on good practices in relation to the human rights obligations related to the environmentally sound management and disposal of hazardous substances and wastes (hereinafter, such substances and wastes are also referred to as “toxics”1). 2. The Special Rapporteur wishes to point out that, due to legal developments, political shifts and progress in science, practices in the context of toxics evolve constantly. Accordingly, the present report is not intended to be an exhaustive compilation of good practices. Rather, the Special Rapporteur presents guidelines that can inform good practices of States and businesses in relation to toxics. The report builds on a number of expert consultations held by the Special Rapporteur in 2015 and 2016. The Special Rapporteur has also addressed a questionnaire to States and non-State entities, including businesses and civil society representatives, which remains available online in English, French and Spanish.2 The Special Rapporteur is grateful for the submissions received (30 in total). 3. Due to space limitations and the volume of input received, the Special Rapporteur does not make reference in the present report to any specific input. He continues to encourage States and all other interested stakeholders to submit their input. Replies to the questionnaires will be accepted on an ongoing basis and will inform an online repository to facilitate knowledge-sharing and exchange. II. Duties of States A. Respect, protect and fulfil 4. States have an obligation to respect, protect and fulfil recognized rights implicated by the production, use, release, storage and disposal of hazardous substances and wastes. As such, States must: (a) Refrain from unjustifiable interference with the enjoyment of the rights implicated by toxics; (b) Protect against abuses by non-State actors, particularly businesses, which requires States to enact and enforce necessary laws and policies on toxics; (c) Give sufficient recognition of the human rights implications of toxics in laws and policies, and take positive action to facilitate the realization of human rights implicated by toxics, including through budgetary allocations. 5. Furthermore, States must recognize their obligations to respect, protect and fulfil human rights extraterritorially. In fulfilling their obligations, States must refrain from discrimination and ensure substantive equality. 3 6. Numerous civil, political, economic, social and cultural rights are implicated by toxics. Those rights are interlinked, interdependent and indivisible. As such, in the present section, the Special Rapporteur does not refer to all the rights implicated. For example, while the rights to food, to water and to adequate housing are not discussed specifically, 1 2 3 Consistent with the previous reports of the Special Rapporteur and his predecessors, hazardous substances and wastes are not strictly defined; they include, inter alia, toxic industrial chemicals and pesticides, pollution, contamination, explosive and radioactive substances, certain food additives and various forms of waste. For ease of reference the Special Rapporteur refers to hazardous substances and wastes as “toxics”, but the term as used in the report includes non-toxic but hazardous substances and wastes as well. See www.ohchr.org/EN/Issues/Environment/ToxicWastes/Pages/Environmentallysoundmanagement disposal.aspx. Modified from a framework proposed by the Special Rapporteur on the human right to safe drinking water and sanitation (A/HRC/27/55). 3