A/HRC/36/41
they should be borne in mind, as appropriate, in the context of all considerations discussed
in the present report.
Life
7.
States must prevent arbitrary deprivation of life resulting from toxics. In line with
the concept of “inherent right to life”, States are required to adopt positive measures to
protect that right,4 including effective measures to prevent and safeguard against hazards
that threaten the lives of human beings. 5 States must take all possible measures to reduce
infant mortality and to increase life expectancy, especially in adopting measures to
eliminate malnutrition and epidemics.6
8.
Pollution is estimated to be one of the leading causes of death and disease
worldwide.7 Exposure to pollution and toxic chemicals is dramatically contributing to infant
mortality and reduced life expectancy. The World Health Organization (WHO) estimates
that in 2012, the deaths of 12.6 million people (nearly one in four of the total deaths) were
attributable to an unhealthy environment, including exposure to toxic and otherwise
hazardous substances.8 Of those deaths, 8.2 million were attributable to non-communicable
diseases linked to exposure to toxics. However, owing to information gaps, the figure
represents an underestimation; the adverse impacts of only a few substances are accounted
for, in a universe of thousands of hazardous substances released by human activities.
Health
9.
Everyone has the right to the highest attainable standard of physical and mental
health,9 and thus to be protected from toxic chemicals, pollution and contamination. States,
in their obligation to protect the right to health, must prevent and reduce the population’s
exposure to hazardous substances and wastes that have a direct or indirect impact on human
health.10 States must elevate standards of protection as “expeditiously and effectively as
possible”11 to protect the right to health.
10.
The right to health, and the corresponding obligation of States to protect against
toxic exposure, is inextricably linked to the rights to safe food, safe water and adequate
housing. To this end, in accordance with article 24 of the Convention on the Rights of the
Child, on the child’s right to the enjoyment of the right to health, States are explicitly
required to ensure the provision of adequate nutritious food and clean drinking water,
taking into consideration the dangers and risks of pollution and contamination.
11.
Exposure to toxic pollution through air, water and food is contributing to an ongoing
and increasing global public health crisis of non-communicable diseases. Rates of cancer,
chronic respiratory illness, stroke, and heart and other non-communicable diseases have
dramatically increased in recent decades. In addition, toxic exposures are linked to birth
defects and various mental health impacts, such as reduced intelligence. Increased rates of
4
5
6
7
8
9
10
11
4
See Human Rights Committee, general comment No. 6 (1982) on the right to life, para. 5.
See E/CN.4/Sub.2/1994/9 and Corr.1, para. 175.
See Human Rights Committee, general comment No. 6, para. 5. While the Committee states that it
would be “desirable” for States to take all possible measures, the evidence is now much stronger that
States must take all possible measures to respect, protect and fulfil.
See www.commissiononpollution.org/about.
See www.who.int/mediacentre/news/releases/2016/deaths-attributable-to-unhealthyenvironments/en/.
See Universal Declaration of Human Rights, art. 25 (1); Constitution of the World Health
Organization; International Covenant on Economic, Social and Cultural Rights, art. 12; Convention
on the Rights of the Child, art. 24 (see also art. 17).
See Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) on the right
to the highest attainable standard of health, para. 15.
Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of
States parties’ obligations.
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