1. Inclusion, Accountability and access to Justice
Baskut Tuncak
UN Special Rapporteur on
the human rights implications of
the environmentally sound management and disposal of
hazardous substances and wastes
Human Rights Watch
February 25, 2016

2. remedy and accountability
Right to an effective remedy
restitution, compensation, rehabilitation and guarantees of non-repetition
Accountability
State and non-state actors
Relevant SDGs
Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all
Target 16.6: Develop effective, accountable and transparent institutions at all levels
Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements

3. Pregnant women & Children
e.g. humidifier disinfectant
, respiratory diseases were diagnosed in pregnant women, very young kids, and the elderly
Diseases were of unknown origin
In 2011 linked to humidifier sterilizers
Companies involved
Chemicals used – virtually untested
In 2015, over 500 victims identified, with over 140 died, mostly children –
identification of victims ongoing and very challenging
Companies offered 4.4 million USD compensation – victims rejected because there was no apology

4. Workers e.g. semiconductor workers
Former Samsung workers began to be diagnosed with Leukemia, Lymphoma, and other diseases in 2005.
Most of the workers were young women, suffered from miscarriages and ovarian cancer
350 workers alleged, over 100 died
Conditions – long working hours, breathing in strong fumes of unknown chemicals
Yumi diagnosed in 2005, two years after starting, died 3 years later
Her father fought for an effective remedy, emphasizing the need for prevention and refusing settlement offers until
Mediation process
One person dies every minute from toxic chemicals in the workplace

5. Remedy and Accountability
Common challenges
Remedy and Accountability
Information gaps
Hazard
Exposure
Actor to hold accountable
Causation
Burden of proof
Reactive, not proactive

6. Contact
Baskut Tuncak, UN Special Rapporteur on human rights and hazardous substances and wastes
Twitter: @srtoxics
Website: