GENEVA - A UN expert today urged States to implement a set of key guidelines to overcome barriers impeding access to justice and effective remedies in cases of toxic exposure.
"The guidelines aim to enable individuals and communities to access their fundamental rights if exposure to hazardous substances and waste occurs," said Marcos Orellana, UN Special Rapporteur on toxics and human rights.
Individuals and groups exposed to hazardous substances and waste suffer from reproductive injustices, neurological impairments, and various types of cancer. Exposure can cause widespread harm and profound human suffering that affects whole communities and even the rights of future generations.
"Structural discrimination also means that marginalised groups are disproportionately exposed," Orellana said.
In his report to the 60th session of the Human Rights Council, Orellana said that when victims pursue their rights to justice and effective remedies, they face procedural obstacles and delays, outdated or inadequate statutes of limitations, prohibitive litigation costs, lack of legal assistance, and lack of enforcement of judicial decisions.
"These barriers lead to impunity, exacerbate environmental injustices, and undermine legal systems," the Special Rapporteur said.
The 24 guidelines, rooted in international human rights standards, aim to tackle the unique challenges of securing remedies in toxics cases.
"A common obstacle is the disproportionate burden on victims to establish key elements of their claims, for example, proving the causal link between toxic exposure and harm," Orellana said.
Guideline nine recommends that courts apply a 'dynamic burden of proof' in order to place the onus of proving a fact on the party that is best placed to do so.
Another challenge is the latency period between exposure and disease, which can be years, decades or even generations. Guideline 11 recommends that statutes of limitation are either not applied in toxics cases or that limitations are calculated from the moment a victim learns or should have learned of the toxic risk or harm.
"Impunity is aggravating the increasing toxification of our planet and the resulting infringement of human rights-to life, health, and a healthy environment," the expert said. "Accountability must be ensured, as a vital pillar for protecting human rights and the environment from exposure to toxic substances."
