A/HRC/42/41
translating evidence into concrete measures necessary to protect workers. The various
methods by which certain business enterprises have sought to delay the adoption of
protective laws and regulations, for example, through targeted campaigns to distort science,
are well documented.46
47.
Efforts by any actor to hinder the adoption of health-protective laws, exposure
standards and improved practices illustrate the contempt for the duties and responsibilities
to prevent workers’ exposure to toxics. They go beyond disrespect for human rights,
seeking to perpetuate the exploitation of inequalities within and between societies.
48.
States must prevent, through legislation or other measures, the deliberate tampering
with, obfuscation or distortion of scientific evidence or the manipulation of processes by
business enterprises and other third parties to the detriment of workers’ health and safety,
while ensuring that such efforts respect the right to freedom of expression. Notably, the
protection of public health is a legitimate exception to freedom of expression.47 Perpetrators
of such misconduct should be held accountable, including through criminal sanctions where
appropriate.
Principle 7 – Protecting workers from exposure to toxic substances protects their
families, their communities and the environment.
Commentary
49.
When a worker is exposed to a toxic workplace, the consequences of such exposure
stretch far beyond their well-being and violations of their rights. The physical and mental
consequences of such exposure are also borne by their families and generally lead to a toxic
environment for their communities. For example, air pollutants can not only affect the
health of workers directly exposed but also the health of their children and broader
communities. Workers engaged in highly toxic livelihoods such as artisanal mining, waste
disposal and a range of manufacturing (such as textiles) and agricultural activities often
work very close to their homes and communities, sometimes accompanied or helped by
their children.
50.
Protecting workers from toxic exposures has broader benefits for society. Potential
synergies can be realized through stronger cooperation between labour and environmental
health efforts at all levels of governance. States should recognize the mutually reinforcing
nature of protecting workers from occupational exposures to toxic substances and the
protection of the environment. Laws and policies to protect human health from toxic
substances should take into account both occupational and environmental exposures, among
other factors. States should ensure effective cooperation between authorities with
responsibility for labour, public health and the environment.
B.
Principles regarding information, participation and assembly
51.
Everyone, including workers, has the inalienable rights to freedom of expression,
assembly and association, including the freedom to join and form trade unions, and the
right to information.
52.
The rights to information, participation and freedom of expression and association,
as well as the rights to unionize and collective bargaining, enable the prevention of
violations and abuses of human rights arising from toxic exposures of workers.
Furthermore, the full realization of the right to information is necessary to realize the right
of workers to an effective remedy for the adverse impacts of such exposures.
46
47
12
David Michaels, ed., Doubt Is Their Product: How Industry’s Assault on Science Threatens Your
Health (Oxford, Oxford University Press, 2008).
International Covenant on Civil and Political Rights, art. 19 (3) (b).
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