A/HRC/42/41
countries, have steadily expanded into developing countries and countries with economies
in transition through the globalization of supply chains. 39 Limited transparency and
traceability throughout global supply and value chains enhances the problem of exposure to
toxics and obstructs efforts by various stakeholders to improve occupational health.
43.
While recognizing the societal benefits that can accompany the international transfer
of certain technologies, the transfer of substances and production methods with
occupational exposure risks for workers from countries with more advanced systems to
countries with lower standards of worker protection continues to be a major problem. 40 The
transboundary transfer of hazardous production processes, materials and substances to
countries with lower levels of protection should be considered a form of exploitation if
appropriate measures are not taken to protect workers from toxic exposures.
44.
States are obliged to take reasonable measures to prevent workers’ exposure to toxic
substances that occur outside their territories and that give rise to infringements of
applicable rights due to the activities of business entities over which they can exercise
control and that are reasonably foreseeable.41 States should require such business entities to
act with due diligence to identify and prevent abuses by foreign subsidiaries, suppliers and
other business partners.
45.
Business enterprises, especially those with transnational operations, are responsible
for the consequences of exposures of workers to toxic substances that they cause, contribute
to, or to which they are linked. 42 This entails varying degrees of responsibility for the
conditions under which their products are produced, used and disposed of. The
responsibilities of business enterprises regarding the right to safe and healthy work and
other applicable human rights apply across borders.43 Regarding the consequences to which
they are linked, business enterprises have a responsibility to proactively investigate impacts
on the rights of workers in their supply and value chains and during the life cycle of their
products. Businesses have a responsibility to ensure that they and their suppliers, both at
home and abroad, adopt good practices such as the hierarchy of hazard controls to prevent
exposure to toxic substances throughout their products’ life cycles, their operations and
their services.
Principle 6 – States must prevent third parties from distorting scientific evidence or
manipulating processes to perpetuate exposure.
Commentary
46.
The ability to protect the human rights of workers, including to safe and healthy
work, hinges upon the ability to translate evidence into protective laws and policies and the
application of the human right to access to the benefits of scientific progress. 44 Despite clear
evidence of both health hazards and exposure, there have been repeated instances where
data have been tampered with, evidence obfuscated and processes manipulated to delay
action to reduce risks. 45 This has led to extreme delays, sometimes lasting decades, in
39
40
41
42
43
44
45
United Nations Environment Programme, Global Chemicals Outlook II: From Legacies to Innovative
Solutions (2019).
A/33/41, para. 60.
Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017) on State
obligations under the International Covenant on Economic, Social and Cultural Rights in the context
of business activities, paras. 30−32.
Guiding Principles on Business and Human Rights, principle 13.
Ibid., principles 13 and 17; and Committee on Economic, Social and Cultural Rights, general
comment No. 24, paras. 16, 25 and 33.
International Covenant on Economic, Social and Cultural Rights, art. 15 (b). See also A/HRC/36/41.
For the case of just one class of toxic chemical consisting of thousands of individual substances, perand polyfluoroalkyl substances (PFAS), see, e.g., the documentary film The Devil We Know: The
Chemistry of a Cover-Up, available at https://thedevilweknow.com (2018); Nathaniel Rich, “The
lawyer who became Dupont’s worst nightmare”, New York Times Magazine, 6 January 2016; and
Abraham Lustgarten, “How the EPA and the Pentagon downplayed a growing toxic threat”,
ProPublica, 9 July 9 2018. See also ILO Chemicals Convention, art. 18; and A/HRC/36/41.
11
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