A/HRC/33/41
contaminated with lead and other toxics. 130 In Latin America, many of these recycling and
recovery operations take place in communities, not in clearly defined waste dumps. 131
97.
Children are found with record levels of toxic chemicals in their bodies at such
waste sites.132 Young girls, still developing and approaching the age of reproduction, work
as collectors or vendors in highly toxic environments. 133 At La Chureca in Managua,
Nicaragua, approximately half of all waste pickers were less than 18 years old.134 In Guiyu,
China, about 80 per cent of children suffer from respiratory diseases, and there has been a
surge in cases of leukaemia and concentrations of lead in blood are high. 135
E.
Responsibility to ensure an effective remedy
98.
Businesses have a shared responsibility with the State to realize the right of children
to an effective remedy for violations resulting from childhood exposure to toxics.
Businesses should help ensure, inter alia, non-recurrence, rehabilitation and compensation,
as part of an effective remedy.
1.
Non-recurrence
99.
Preventing the recurrence of human rights violations is a critical element of an
effective remedy, and is closely linked to the right to information. The toxic legacy of our
past cannot be erased in its entirety, but collectively, we can avoid making the same
mistakes in the future. States should ensure that businesses systematically transition from
the manufacture, use and emission of hazardous substances to safer alternatives, including
alternative materials and mitigation technologies to eliminate the intrinsic or unknown
hazards wherever possible.
100. States must ensure that businesses prove that their chemicals are safe, not just for the
average adult, but for children who may be exposed and where substances are being used.
Otherwise, there is a risk of recurrence of human rights impacts, as has repeatedly been
illustrated.
101. States should ensure businesses prevent emissions into the environment to the
maximum extent possible as part of their human rights obligations, avoiding further
introductions of toxic chemicals and additional contaminated sites requiring remediation to
prevent impacts.
2.
Rehabilitation
102. A core component of an effective remedy for toxic chemical contamination is
rehabilitation, both of the environment and of the people affected. Around the world,
contaminated sites continue to plague children in the nearby communities. While some
States are making strides in remediating contaminated sites, hundreds of thousands of
contaminated sites from businesses remain. States must ensure that businesses clean up
contaminated sites to protect children in the future.
130
131
132
133
134
135
20
ILO, The Global Impact of E-Waste, p. 22.
United Nations University and GSMA, “E-waste in Latin America” (2015).
ILO, The Global Impact.
Ibid., p. 20.
Ibid., p. 21.
Ibid., p. 22.
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