UN Expert Urges Stronger Global Guidelines to Ensure Justice in Toxic Exposure Cases

A United Nations expert has called on governments worldwide to adopt and implement new international guidelines designed to dismantle the persistent legal and structural barriers faced by victims of toxic exposure. The appeal, issued by Marcos Orellana, UN Special Rapporteur on toxics and human rights, highlights the urgent need for accessible justice and effective remedies for individuals and communities suffering the devastating impacts of hazardous substances and waste.

The Human Toll of Toxic Exposure

Exposure to hazardous substances can cause a range of severe health impacts, including reproductive injustices, neurological damage, and life-threatening diseases such as cancer. In many cases, entire communities suffer from systemic harm, with the effects extending to future generations.

Orellana emphasized that structural discrimination amplifies these risks, as marginalized populations—often low-income groups, women, children, and indigenous peoples—are disproportionately exposed to pollution and industrial waste. These inequalities exacerbate what he described as “environmental injustices that perpetuate cycles of suffering and exclusion.”

Barriers to Justice and Remedies

In his report to the 60th session of the Human Rights Council, Orellana outlined the numerous obstacles victims encounter when seeking justice:

• Procedural delays and outdated legal frameworks, including statutes of limitations that prevent timely litigation.

• Prohibitive litigation costs and the lack of accessible legal assistance.

• Weak enforcement of judicial decisions, which often leaves victims uncompensated even after favorable rulings.

• Excessive burden of proof placed on victims, who must demonstrate a causal link between exposure and health outcomes—often a scientifically complex and resource-intensive process.

“These barriers lead to impunity, exacerbate environmental injustices, and undermine the credibility of legal systems,” Orellana warned.

The 24 Guidelines for Overcoming Barriers

To address these challenges, the Special Rapporteur introduced 24 key guidelines rooted in international human rights standards. These aim to ensure accountability and justice in toxic exposure cases.

• Dynamic burden of proof (Guideline 9): Courts should place the responsibility for proving facts on the party best positioned to provide the evidence, often industries or state entities rather than vulnerable victims.

• Statutes of limitation (Guideline 11): Legal time limits should not apply in toxic exposure cases, or they should start from the moment victims become aware—or reasonably should have become aware—of the harm caused. This takes into account the long latency periods between toxic exposure and diseases such as cancer.

• Stronger enforcement mechanisms: Ensuring judicial decisions are implemented to provide victims with effective remedies and deter future violations.

• Improved access to legal aid: Expanding affordable or free legal assistance so that affected communities can pursue justice without prohibitive financial barriers.

Toxic Exposure as a Human Rights Issue

Orellana stressed that toxic exposure is not just an environmental problem but also a fundamental human rights issue, undermining rights to life, health, and a safe, clean, and sustainable environment. He noted that impunity for polluters contributes to the accelerating “toxification” of the planet, worsening environmental degradation and harming vulnerable populations.

“Impunity is aggravating the increasing toxification of our planet and the resulting infringement of human rights—to life, health, and a healthy environment,” he said. “Accountability must be ensured, as a vital pillar for protecting human rights and the environment from exposure to toxic substances.”

A Call to States and the International Community

The Special Rapporteur urged states to incorporate the guidelines into their national legal systems and international frameworks, stressing that effective remedies and accountability are central pillars of justice and sustainable development. He also called for closer cooperation between governments, civil society, and international organizations to ensure that communities most at risk have a voice in shaping policy responses.

With industrial pollution, hazardous waste mismanagement, and chemical contamination continuing to rise worldwide, the adoption of these guidelines could play a critical role in strengthening protections, closing justice gaps, and advancing human rights in the face of growing environmental challenges.