Chemical contamination as a violation of children’s rights law in the EU

Binding obligations

The EU is in serial breach of a wide range of children’s rights enshrined in UN and European treaties by which its member states are bound. These include the following:

• Article 3(3) of the Treaty on European Union (TEU) identifies the promotion and protection of children's rights as a principal objective of the bloc and its member states.¹⁰³

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• The UNCRC, binding on all EU member states, recognises in law children’s civil, political, economic, social, and cultural rights. Severally and jointly, these rights unambiguously preclude the chemical contamination of children, their families, and their environment. These principles must guide the work of the European Commission.¹⁰⁴

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• The UN Convention on the Rights of Persons with Disabilities (UNCRPD), binding on all EU member states, sets minimum standards for the rights of people with disabilities, including children.¹⁰⁵

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• The UN Aarhus Convention, binding on the EU and its member states, guarantees access to information, public participation in decision-making, and access to justice in environmental matters.

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• The European Convention on Human Rights (ECHR),¹⁰⁶ binding on 46 states including all EU members, guarantees a wide range of rights that are jeopardised by chemical contamination.

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• As a counterpart to the ECHR, the European Social Charter (ESC)¹⁰⁷ guarantees fundamental social and economic rights, particularly civil and political rights.

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• The Charter of the Fundamental Rights of the EU (EU Charter), enshrines a wide range of human rights and, in Article 24, specifically children’s rights. The Charter’s provisions bind the EU institutions and bodies in all their actions, as well as all national authorities when implementing EU law.

By ratifying these treaties, the EU and its member states recognise that children hold rights and commit to take measures to guarantee them in practice. This may involve reforming laws, providing resources and services, monitoring the impacts of social and environmental conditions on children, and developing institutions to promote and protect their rights more effectively.¹⁰⁸ Regrettably, the EU’s approach to chemical regulations has tended to overlook these instruments and commitments.¹⁰⁹

Of special relevance is the EU Strategy on the Rights of the Child adopted in 2021.¹¹⁰ This strategy focuses mainly on the realisation of rights enshrined in the UNCRC, Sustainable Development Goals (SDGs),¹¹¹ and the EU Charter of Fundamental Rights. We have used the strategy’s themes,¹¹² with the addition of other instruments such as the Aarhus Convention and the European Social Charter, to construct a comprehensive, though not exhaustive, framework by which to examine the impact of hazardous chemicals on the rights of children.

Rights infringements: An overview of the evidence

Overarching principle: Children’s best interests

Children's rights

UNCR:

• Art. 1: Definition of the child.

• Art. 2: Non-discrimination.

• Art. 3: Best interests of the child.

• Art. 6: Right to life, survival, and development.

• Art. 23: Children with disabilities and measures taken to ensure their dignity, self-reliance and active participation in the community, through access to all kinds of services, transportation and institutions, and in particular to education and cultural activities.

• Art. 25: Right to the enjoyment of the highest attainable standard of health.

• Art. 30: Children belonging to a minority or an indigenous group.

UNCRPD:

• Art. 7: Inclusion of children with disabilities and the principle of nondiscrimination.

ECHR:

• Art. 1: Obligation to respect human rights.

• Art. 2: Right to life.

• Art. 14: Prohibition of discrimination.

European Social Charter:

• Art. 11: Right to protection of health.

• Art. 13: Right to social and medical assistance.

• Art. 15: Right of persons with disabilities to independence, social integration and participation in the life of the community.

• Art. 16: Right of the family to social, legal and economic protection.

• Art. 17: Right of children and young persons to social, legal and economic protection.

• Art. 30: Right to protection against poverty and social exclusion.

• Art. 31: Right to housing (of an "adequate standard" that implies housing meeting acceptable standards in regard to health requirements).

• Part V, Article E: Non-discrimination.

EU Charter:

• Art. 2: Right to life.

• Art. 20: Equality before the law.

• Art. 21: Non-discrimination.

• Art. 23: Equality between women and men.

• Art. 24: The rights of the child (including Art. 24.2: Best interests of the child, and Art. 24.1.1: Right of the child to protection and care).

• Art. 26: Integration of persons with disabilities.

SDGs:

• Target 5.1: End all forms of discrimination against all women and girls everywhere.

• Target 5.c: Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels.

• Target 10.2: Empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion, or economic or other status.

• Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies, and practices and promoting appropriate legislation, policies, and action in this regard.

Connections between children's rights and exposure to hazardous chemicals

States and the EU are asked to put measures in place to allow children to survive into adulthood in conditions optimal for their development, including through combating child mortality, and providing healthcare, nutrition, sanitation and drinking water.

Available information ¹¹³ speaks volumes on the risks harmful chemicals entail for children. Their exposure to hazardous chemicals have long-term and irreversible adverse effects on their health. Harmful impacts on children’s health range from metabolic, endocrine and reproductive disorders, to diabetes, obesity, cancers and neurological deficiencies. Such exposure to hazardous chemicals violates children’s rights, and those impacts have been internationally recognised.

Families and communities also need to be provided with the necessary support so that they can ensure children’s wellbeing and development.

The EU must also respect and uphold the EU Charter, introduced by the Treaty of Lisbon, thus binding all member states with the same legal value as EU treaties. Article 24 ¹¹⁴ guarantees and protects the rights and best interest of the child, including the right to protection and care. In all actions relating to children, whether taken by public authorities or private institutions, the child's best interests must be a primary consideration.

Moreover, the UNCRC must guide EU action. Harmful exposure to hazardous chemicals unambiguously violates a wide range of children’s rights set out in the UNCRC. The UNCRC recognises the right of all children to have the best possible start in life, to grow up healthy, and to develop to their full potential. ¹¹⁵ In all actions concerning children, “whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”. ¹¹⁶

In his report focusing on children’s rights in 2016, the former Special Rapporteur on toxics Baskut Tuncak provided a full analysis of children’s rights that are impacted by toxic chemicals, including the best interests of the child. ¹¹⁷ He emphasised that the UNCRC makes it clear that States have an obligation to prevent exposure to toxics by children. He reminded that businesses must ensure their products do not contain toxic or otherwise hazardous substances and deplored that industrial competitiveness, risk management options and cost-benefit considerations are prioritised over the best interests of the child.

In the Resolution on the realisation of the rights of the child through a healthy environment, the UN Human Rights Council urged the States to ensure the right of the child to the enjoyment of the highest attainable standard of physical and mental health, by inter alia: [...] Identifying and eliminating sources of exposure of children to substances of high concern, such as heavy metals and EDCs.¹¹⁸

In 2022, the Special Rapporteur on toxics Marcos Orellana warned that the use of plastic products exposes children to endocrine disrupting chemicals in toys or utensils and that the growing volumes of plastic waste impose a debt on future generations. He outlined that hazardous chemicals added to plastics can also disrupt human procreation and even damage human DNA. As such, “exposure of pregnant women to such hazardous substances can affect the health of their descendants.”¹¹⁹

In 2023, the Committee on the Rights of the Child released General Comment 26 on children's rights and the environment. This highly anticipated guidance to states urged them to “address the adverse effects of environmental degradation, with a special focus on climate change, on the enjoyment of children’s rights,” including the right to a clean, healthy, and sustainable environment. It acknowledged that younger children are particularly susceptible to environmental hazards, and that the effects of environmental contaminants may even persist in future generations. According to the Committee, States should consistently and explicitly consider the impact of exposure to toxic substances and pollution in early life.¹²⁰ They should “consider all factors required for children of all different ages to survive, develop and thrive to their fullest potential and design and implement evidence-based interventions that address a wide range of environmental determinants during the life course.”¹²¹

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Children’s participation in political and democratic life

Children's rights

UNCR:

• Art. 12: Respect for the views of the child, right to be heard.

• Art. 13: Freedom of expression and the right to seek, receive and impart information.

• Art. 14: Freedom of thought.

• Art. 15: Freedom of association and of peaceful assembly.

• Art. 42: Knowledge of rights.

UNCRPD:

• Art. 7.3: Right of children with disabilities to express their views.

Aarhus Convention:

• Art. 6: Public participation in decisions on specific activities.

• Art. 7: Public participation concerning plans, programmes and policies relating to the environment.

• Art. 8: Public participation during the preparation of executive regulations and/or generally applicable legally binding normative instruments.

ECHR:

• Art. 10: Freedom of expression.

• Art. 11: Freedom of assembly and association.

EU Charter:

• Art. 24.1.2: Right of the child to express views.

• Art. 10: Freedom of thought.

• Art. 12: Freedom of assembly and of association.

• Art. 22: Cultural, religious and linguistic diversity.

SDGs:

• Target 16.7: Ensure responsive, inclusive, participatory and representative decisionmaking at all levels.

• Target 16.10: Ensure public access to information (…), in accordance with national legislation and international agreements.

• Target 4.7: Ensure that all learners acquire the knowledge and skills needed to promote sustainable development, including, among others, through education for sustainable development and sustainable lifestyles, human rights, gender equality, promotion of a culture of peace and nonviolence, global citizenship and appreciation of cultural diversity and of culture’s contribution to sustainable development.

Connections between children's rights and exposure to hazardous chemicals

In all actions concerning children by EU institutions, including those related to their health, the views of the child must be given weight in accordance with the age and maturity of the child. Any decision relating to hazardous chemicals should be taken with reference to these factors.

UNCRC Article 12 enshrines the right of all children to be heard and have their views taken seriously in accordance with their age and maturity. Every child capable of forming their own views has a right to be heard and to influence decision-making processes that may be relevant in their life.

According to the Special Rapporteur Baskut Tuncak, the right to be heard is inextricable from public health and environmental threats such as toxics and pollution. This right is closely linked with the question of consent, and with the phenomenon of children being born “pre-polluted”.¹³⁵ He called on countries to prevent childhood exposure, in recognition of the right of present and future generations to be heard.¹³⁶

The 4th thematic area of the EU Strategy on the Rights of the Child regarding “Child-friendly justice”,¹³⁷ states that in all cases, children should feel comfortable and safe to participate effectively in the proceedings. The Strategy indeed deplored that as it stands today, children's concerns are not sufficiently listened to, and their views are often not considered enough in matters important to them.

Children and young people have been at the forefront of campaigning on the environment, but are frustratingly excluded from decision-making processes.¹³⁸

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Socio-economic rights

Children's rights

UNCRC:

• Art. 2: Non-discrimination.

• Art. 18: Parents’ common responsibilities, assistance to parents and provision of childcare services.

• Art. 26: Right to benefit from social security.

• Art. 27.1-3: Standard of living and measures taken, including material assistance and support programmes with regard to nutrition, clothing and housing, to ensure children’s physical, mental, spiritual, moral and social development, and to reduce poverty and inequality.

ECHR:

• Art. 8: Right to respect for private and family life.

• Art. 14: Prohibition of discrimination.

European Social Charter:

• Art. 7: Right of children and young persons to protection.

• Art. 11: Right to protection of health.

• Art. 13: Right to social and medical assistance.

• Art. 15: Right of persons with disabilities to independence, social integration, and participation in the life of the community.

• Art. 16: Right of the family to social, legal, and economic protection.

• Art. 17: Right of children and young persons to social, legal, and economic protection (this article of the revised Charter offers protection for children and young persons outside the context of work and addresses the special needs arising from their vulnerability).

• Art. 30: Right to protection against poverty and social exclusion.

• Art. 31: Right to housing (of an "adequate standard," meaning housing that meets acceptable standards with regard to health requirements).

EU Charter:

• Art. 7: Respect for private and family life.

• Art. 9: Right to marry and to found a family (in relation to their parents).

• Art. 21: Non-discrimination.

• Art. 24.3: Right of the child to maintain on a regular basis a personal relationship and direct contact with parents.

• Art. 33: Protection of family and professional life.

• Art. 32: Protection of young people at work.

• Art. 36: Access to services of general economic interest.

• Art. 38: Consumer protection.

SDGs:

• Target 1.1: Eradicate extreme poverty for all people everywhere, currently measured as people living on less than $1.25 a day.

• Target 1.2: Reduce at least by half the proportion of men, women, and children of all ages living in poverty in all its dimensions according to national definitions.

• Target 1.3: Implement nationally appropriate social protection systems and measures for all, including floors (as a floor is the lowest acceptable standard for all), and by 2030 achieve substantial coverage of the poor and the vulnerable.

• Target 1.5: Build the resilience of the poor and those in vulnerable situations and reduce their exposure and vulnerability to climate-related extreme events and other economic, social, and environmental shocks and disasters.

• Target 2.1: End hunger and ensure access by all people, in particular the poor and people in vulnerable situations, including infants, to safe, nutritious, and sufficient food all year round.

• Target 11.1: Ensure access for all to adequate, safe, and affordable housing and basic services and upgrade slums.

• Target 11.7: Provide universal access to safe, inclusive, and accessible, green, and public spaces, in particular for women and children.

Connections between children's rights and exposure to hazardous chemicals

Despite existing international and EU chemical legislation, hazardous substances are still found in products and the environment and severely infringe those rights which should be protected equally. The EU and its member states fall short in guaranteeing child protection and their best interest.

Exposure to hazardous chemicals follows and feeds into a pattern of systemic discrimination, environmental racism and gender inequality, including in the EU (detailed in the section “Compounded harm to marginalised children” above). As stressed by the High Commissioner on Human Rights and the UN Environment Programme (UNEP), pollution - including from hazardous substances - “disproportionately affects persons, groups and peoples in vulnerable situations reflecting both historical and ongoing discrimination, racism, and power imbalances that have given rise to powerful social movements for environmental justice”.¹⁴² Chemical pollution is a socio-economic issue, and its impacts are worsened by socio-economic factors, particularly poverty. Discrimination against children is one of the main reasons why their rights are violated. Looking at rights from this perspective can help expose the prejudices and beliefs that lead to unfair treatment. Poverty indeed puts children in a number of potentially high-risk situations.

Furthermore, the UNCRC preamble places special emphasis on the primary caring and protective responsibility of the family. It does so by recognising the fact that children, because of their special vulnerability, need special care and protection; and identifies the family unit as the “natural environment for the growth and wellbeing” of children. To ensure that this responsibility can be fulfilled, article 27 also identifies the State as guarantor of children’s right to an adequate standard of living, which can include material assistance to parents and their children.¹⁴³ The UNCRC preamble states that the family “should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community.”

The need for protection should be understood as States’ obligation to support families so that they can fully assume their responsibilities in ensuring the fulfilment of the rights of all family members, including children.¹⁴⁴ States are also responsible for putting an end to discrimination and inequality. UNEP and the High Commissioner for Human Rights stressed that “by disproportionately affecting already marginalised groups including children, indigenous peoples, persons with disabilities, women and girls, and persons living in poverty, hazardous substances threaten State obligations and commitments related to non-discrimination and equality”.

To address this systemic issue, States should put an end to the use of hazardous substances as well as ensuring that the victims of contamination have access to justice (further detailed in the dedicated section below). Several measures should be put in place, not only improving the planning of industrial facilities and landfills and the sorting of hazardous substances, but, most of all, preventing hazardous substances from being placed on the market.

Furthermore, all children and their parents should be safe at home, surrounded by non-hazardous products they use in their daily lives. Respect to home and family means a right to live in a home where people are not at risk to be contaminated on a daily basis, including when using pans to cook, sitting on a couch or on the floor, or using household products. However, indoor pollution including via chemicals is a significant concern.

Asking parents who are consumers to change their behaviours is not enough to protect children. It is crucial to tackle the problem at the source, by preventing hazardous chemicals from being placed on the market in the first place. The EU and its member states are responsible for protecting their citizens against harmful products, and that includes tackling exposure to hazardous substances.

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Health

Children's rights

UNCRC:

• Art. 3: Best interest of the child.

• Art. 6: The right to life, survival and development.

• Art. 19: Protection from violence and neglect.

• Art. 24: Health and health services, in particular primary health care, combating disease and malnutrition, including within the framework of primary health care, (...) through the provision of adequate nutritious foods and clean drinking water, taking into consideration the dangers and risks of environmental pollution.

• Art. 33: Measures to protect children from substance abuse.

ECHR:

• Art. 2: Right to life.

European Social Charter:

• Art. 11: Right to protection of health.

• Art. 13: Right to social and medical assistance.

• Art. 31: Right to housing (of an "adequate standard" means housing which is of an acceptable standard with regard to health requirements).

EU Charter:

• Art. 3: Right to integrity of the person.

• Art. 35: Health care.

• Art. 37: Environmental protection.

SDGs:

• Target 2.1: End hunger and ensure access by all people, in particular the poor and people in vulnerable situations, including infants, to safe, nutritious, and sufficient food all year round.

• Target 3.1: Reduce the global maternal mortality ratio to less than 70 per 100,000 live births.

• Target 3.2: End preventable deaths of newborns and children under 5 years of age, with all countries aiming to reduce neonatal mortality to at least as low as 12 per 1,000 live births and under-5 mortality to at least as low as 25 per 1,000 live births.

• Target 6.1: Achieve universal and equitable access to safe and affordable drinking water for all.

• Target 6.2: Achieve access to adequate and equitable sanitation and hygiene for all and end open defecation, paying special attention to the needs of women and girls and those in vulnerable situations.

• Target 6.b: Support and strengthen the participation of local communities for improving water and sanitation management.

Connections between children's rights and exposure to hazardous chemicals

The right to health is pivotal for the enjoyment of all other human rights and fundamental to a child’s ability to grow, learn, and develop to the best of their potential. But the right to health means more than the bare bones of survival.

Children's right to health is often only seen in terms of malnourishment and vaccinations. However, the right to health encompasses more than just survival. It also includes the right to access information about health, the importance of informed consent, and preserving physical and mental well-being. These principles apply to children as well.

Health and the environment are intrinsically connected. Science and data are clear. As highlighted by a scientific study under the ATHLETE program, environmental exposure during early life plays a pivotal role in children’s health, with consequences lasting throughout their entire life, including adulthood. ¹⁵³

Baskut Tuncak’s 2016 report to the Human Rights Council was the first thematic report by a Special Rapporteur to emphasise the relevance of the UNCRC to environment protection. He mentioned that because of widespread childhood exposure, the world is witnessing a "silent pandemic" of disease, disability and premature death. ¹⁵⁴

For instance, water is a major source of exposure to toxic chemicals and pollutants, in poor and wealthy countries. Childhood exposure to contaminated water involves numerous rights violations, including the right to health and to live in a healthy environment. Securing the right of children to safe drinking water, which is an important component of the right to health, is a challenge that regulatory frameworks must meet, and where rights are violated, they must provide children with the means of getting redress.

Current SR on toxics and human rights Marcos Orellana emphasised in 2022 that “children suffer a silent assault on their right to health, and often on their right to life, when they are exposed to hazardous substances that leach and enter their bodies." He called for better prioritising protection of children, as well as securing people’s access to environmental and health information. ¹⁵⁵

In July 2022, the UN General Assembly (UNGA) adopted a resolution recognising the access to a clean, healthy and sustainable environment as a universal human right. ¹⁵⁶ With this resolution, the UNGA called on States and businesses to scale up efforts to ensure a healthy environment for all. The resolution recognised that the unsound management of chemicals and waste interferes with the enjoyment of a clean, healthy and sustainable environment, and that environmental damage has negative implications, both direct and indirect, for the effective enjoyment of all human rights, including the right to health.

In its General Comment 26 released in 2023, the Committee on the Rights of the Child set out that children’s right to a clean, healthy and sustainable environment "is implicit in the Convention and directly linked to, in particular, the rights to life, survival and development, under article 6, to the highest attainable standard of health, including taking into consideration the dangers and risks of environmental pollution, under article 24, to an adequate standard of living, under article 27, and to education, under article 28, including the development of respect for the natural environment, under article 29."¹⁵⁷

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Education and play

Children's rights

UNCRC:

• Art. 28: Right to education, including vocational training and guidance.

• Art. 29: The aims of education, including education on human rights and civic education as well as the development of respect for the natural environment.

• Art. 30: Cultural rights of children belonging to indigenous and minority groups.

• Art. 31: Rest, play, leisure, recreation and cultural and artistic activities.

UNCRPD:

• Art. 24: Right of persons with disabilities to education and full development.

ECHR Protocol:

• Art. 2: Right to education.

European Social Charter:

• Art. 13: Right to social and medical assistance.

• Art. 15: Right of persons with disabilities to independence, social integration, and participation in the life of the community.

• Art. 16: Right of the family to social, legal, and economic protection.

• Art. 17: Right of children and young persons to social, legal, and economic protection (Revised Charter offers protection for children and young persons outside the context of work and addresses the special needs arising from their vulnerability.).

• Art. 30: Right to protection against poverty and social exclusion.

EU Charter

• Art. 14: Right to education.

SDGs:

• Target 4.1: Ensure that all girls and boys complete free, equitable, and quality primary and secondary education leading to relevant and effective learning outcomes.

• Target 4.2: Ensure that all girls and boys have access to quality early childhood development, care, and pre-primary education so that they are ready for primary education.

• Target 4.4: Substantially increase the number of youth and adults who have relevant skills, including technical and vocational skills, for employment, decent jobs, and entrepreneurship.

• Target 4.5: Eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples, and children in vulnerable situations.

• Target 4.6: Ensure that all youth (…) achieve literacy and numeracy.

• Target 4.7: Ensure that all learners acquire the knowledge and skills needed to promote sustainable development, including, among others, through education for sustainable development and sustainable lifestyles, human rights, gender equality, promotion of a culture of peace and non-violence, global citizenship, and appreciation of cultural diversity and of culture’s contribution to sustainable development.

• Target 4.8: Build and upgrade education facilities that are child, disability, and gender-sensitive and provide safe, non-violent, inclusive, and effective learning environments for all.

Connections between children's rights and exposure to hazardous chemicals

Exposure to hazardous chemicals can significantly impair brain functions, with long-term effects on IQ levels, and ultimately on the capacity of every child to learn. Exposure to hazardous chemicals is intrinsically linked with difficulties in learning, since such exposure severely impairs brain development. IQ loss impacts children’s development, and exposure to hazardous chemicals thus contributes to difficulties in accessing, enjoying, and benefiting from education and training. It can be much more complex for children to achieve literacy and numeracy. Scientific studies showed that EDCs are probably responsible for IQ loss and associated intellectual disability, autism, and attention deficit hyperactivity disorder. ¹⁶⁹ IQ loss also entails massive economic loss for all countries, as studies demonstrated that the effects of chemical exposure on the IQ level of the population can impact the global economy.¹⁷⁰

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Moreover, article 31 of the CRC enshrines the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.

Such a right should be enjoyed by all children, without the risk of being exposed to harmful substances. Children's right to leisure and recreation also means the right to play safely. In 2013, the Committee on the Rights of the Child outlined several issues stemming from the mass marketing and commercialisation of play. The Committee was concerned that many children and their families were exposed to increasing levels of unregulated marketing by toy and game manufacturers. They were pressured to purchase a growing number of products which may be harmful to their development or incompatible with creative play, for example (...) toys containing dangerous chemicals or parts.¹⁷¹

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Combating violence against children and child protection

Children's rights

UNCRC:

• Art. 19: Abuse and neglect.

• Art. 20: Children deprived of a family environment.

• Art. 24.3: Measures to prohibit and eliminate all forms of harmful practices, including, but not limited to, female genital mutilation and early and forced marriages.

• Art. 32: Economic exploitation, including child labour with specific reference to applicable minimum ages.

• Art. 36: Other forms of exploitation.

• Art. 39: Measures to promote the physical and psychological recovery and social reintegration of child victims.

UNCRPD:

• Art. 16: Freedom from exploitation, violence and abuse. EU Charter:

• Art. 1: Human dignity.

• Art. 3: Right to integrity of the person.

• Art. 4: Prohibition of torture and inhuman or degrading treatment or punishment.

• Art. 24.1: Right of the child to protection and care.

European Social Charter:

• Art. 7: Right of children and young persons to protection.

• Art. 11: Right to protection of health.

• Art. 13: Right to social and medical assistance.

• Art. 16: Right of the family to social, legal and economic protection.

• Art. 17: Right of children and young persons to social, legal and economic protection (Article of the Revised Charter offers protection for children and young persons outside the context of work and addresses the special needs arising from their vulnerability.).

SDGs:

• Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

• Target 16.10: (…) Protect fundamental freedoms, in accordance with national legislation and international agreement.

Connections between children's rights and exposure to hazardous chemicals

Practices which violate children's physical integrity, without the child’s free and informed consent—regardless of age—are a violation of the child's physical integrity and dignity. ¹⁸⁰ Everyone, including children, has the right to autonomy and self-determination over their own body, and the only person with the right to make a decision about one’s body is oneself—no one else. This is the principle of bodily integrity, which upholds everyone’s right to be free from acts against their body which they did not consent to.

Children are especially vulnerable to such exposure and are not in a position to express consent to being exposed to harmful substances. The period where exposure is the most harmful occurs before birth and after birth at the earliest stages of life, when children are unable to speak up for and defend themselves, or give consent.

Exposure to chemicals is in itself an act of violence against children, to both their health and the environment, hence violating children’s integrity. In 2023, the UN Committee on the Rights of the Child stressed that “environmental degradation (...) is a form of structural violence against children and can cause social collapse in communities and families” ¹⁸¹ . Children continue to be born "pre-polluted," and are denied their right to bodily integrity before they can even walk ¹⁸² . International law grants no derogation from the right to physical integrity ¹⁸³ , and the former SR on toxics and human rights Baskut Tuncak explained that human exposure to toxic substances constitutes an intrusion, whether it’s acute poisoning or low-level exposure to toxic substances. He emphasised that “childhood exposure to toxics occurs without the child’s (or parent’s) consent. Even if a parent were somehow able to identify every product and possible source of exposure to toxics that might harm their child, they are often powerless to do anything about it, particularly when it involves food, water or air pollution.” The SR added that young children lack the physical and/or mental ability to vocalise opinions and understand the dangers and potential consequences of toxics until long after harm has been inflicted.

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Child-friendly justice

Children's rights

UNCRC:

• Art. 12: Right to be heard ICCPR:

• Art. 2(3): Right to remedy

• Art. 14(1): Access to justice

Aarhus Convention:

• Art. 9: Access to justice

ECHR:

• Art. 10: Freedom of expression

• Art. 11: Freedom of assembly and association

• Art. 13: Right to an effective remedy

EU Charter:

• Art. 6: Right to liberty and security

• Art. 24.1.2: Right of the child to express his/her views

• Article 43: European Ombudsman

• Art. 45: Freedom of movement and of residence

• Art. 47: Right to an effective remedy and to a fair trial

SDGs:

• Target 10.7: Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies

• Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all

• Target 16.10: (…) Protect fundamental freedoms, in accordance with national legislation and international agreements

Connections between children's rights and exposure to hazardous chemicals

In 2016, the then Chair of the Committee on the Rights of the Child Dr. Benyam Mezmur stressed that “if the fundamental rights of children are violated, it is critical that children or those acting on their behalf have the recourse, both in law and in practice, to obtain a remedy to cease, prohibit and/or compensate for the violation. Failing to deliver redress to a child for a human rights violation is a particularly telling sign that a legal system or a society is falling short of regarding children as rights-bearers”. ¹⁹⁰

Access to justice is extremely difficult for children and their parents in the EU regarding chemical pollution. The main chemicals legislation, meaning REACH and CLP, do not provide access to justice in case of chemical pollution violating those regulations.

This contradicts the international and EU legally binding frameworks but also one of the key goals of the EU Strategy on the Rights of the Child. As part of its thematic area “Child-friendly justice” ¹⁹¹ , the Strategy supports justice systems that uphold the rights and needs of children. It states that in all cases, judicial systems in Europe need to be adapted to the specific needs of children and must respect their rights. It deplored that children currently face “difficulties to access justice and to obtain effective remedies for violations of their rights, including at European and international level”. For instance, children with disabilities experience difficulties due to reduced accessibility of justice systems and judicial proceedings, and lack accessible information on rights and remedies.

In 2020, the Agency for Fundamental Rights (FRA) highlighted the impacts business activities can have on the communities and the environment.¹⁹² FRA reiterated that not only should business always be conducted with respect for human rights, but States also have a duty to ensure that business conduct does not violate human rights as well as to provide access to effective remedy for those whose rights are abused. FRA stressed that the effectiveness of judicial remedies is often hampered by restrictive rules on legal standing, evidence barriers, high legal costs and the length of proceedings.¹⁹³ FRA recommended that the EU and member states provide for effective collective redress and representative action beyond consumer protection to other cases of business-related human rights abuse. As for the burden of proof, FRA called on the EU to encourage member states to consider shifting the burden of proof in cases where fundamental rights of individuals are infringed by corporate activity.

In 2016, the Special Rapporteur on toxics and human rights warned that the “vast majority of child victims of air pollution, food and water contamination, toxic chemicals and pesticides are not compensated. Even in cases where rights are clearly infringed and the relevant businesses or other actors identified, realising an effective remedy and ensuring corporate accountability for harms due to toxic chemicals or pollution has proven extremely difficult around the world”.¹⁹⁴ As the Special Rapporteur accurately explained, the main hurdles pertain to “the lack of awareness among victims that their diseases could have been caused by childhood exposure to toxic chemicals or pollution; the burden of proof placed on children, including the need to establish causation; fundamental information that has not been generated or is confidential about the hazards and uses of substances; the challenge of identifying perpetrators; weak or non-existent legislation; the costs of legal representation for plaintiffs; endless appeals processes; confidential out-of-court settlements; and the use of subsidiaries or contractual relationships to shield corporate liability”. Children and their families are too often required to prove that a hazardous chemical caused their injuries, and it is not up to the businesses to prove that they did no harm. The Special Rapporteur warned that “even unquestionably toxic sites of contamination, whether from the dirty legacy of businesses or the toxic remnants of war, escape remediation and accountability that could prevent future human rights violations”.

In 2023, the UN Committee on the Rights of the Child also addressed the issue of the burden of proof in its General Comment 26 on children's rights and the environment. The Committee accurately pointed out that “to enhance accountability and promote children’s access to justice in environmental matters, States should explore options for shifting the onerous burden of proof from child plaintiffs to establish causation in the face of numerous variables and information deficits”.¹⁹⁵

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Digital and information society

Children's rights

UNCRC:

• Art. 17: Access to information from a diversity of sources and protection from material harmful to a child’s wellbeing.

Aarhus Convention:

• Art. 4: Access to environmental information.

• Art. 5: Collection and dissemination of environmental information.

ECHR:

• Art. 10: Freedom of expression (include freedom to hold opinions and to receive and impart information).

EU Charter:

• Art. 11: Freedom of expression and information.

SDGs:

• Target 4.7: Ensure that all learners acquire the knowledge and skills needed to promote sustainable development, including, among others, through education for sustainable development and sustainable lifestyles, human rights, gender equality, promotion of a culture of peace and non-violence, global citizenship and appreciation of cultural diversity and of culture’s contribution to sustainable development.

• Target 16.10: Ensure public access to information (…), in accordance with national legislation and international agreements.

Connections between children's rights and exposure to hazardous chemicals

Children very often have difficulty in accessing clear and comprehensible information, especially when it comes to chemicals. Children need age-appropriate information to develop their own perspectives and enable them to make informed decisions. ²⁰⁰ Parents must also access fully transparent information so they can take action when their children are too young to understand and protect themselves.

In 2023, the UN Committee on the Rights of the Child flagged that “access to information is essential for enabling children and their parents or caregivers to comprehend the potential effects of environmental harm on children’s rights. It is also a crucial prerequisite for realising the rights of children to express their views, to be heard and to effective remedy regarding environmental matters.” ²⁰¹

Regarding chemicals, information is extremely difficult to access. For years, NGOs have been warning that the processes of revising the EU regulations, as well as evaluating and authorising chemicals to be sold in the EU market, take place in revolving doors. Furthermore, there are cases of disproportionate restrictions on children's access to information which are defended on child protection grounds. Children must indeed be protected against certain information that would be too complex or emotionally damaging. However, access to honest and objective information appropriate to their age and capacity is a prerequisite for all children’s rights and should be part of any child protection strategy. Children, on account of their ages, and their parents, have the right to know which chemicals are being used in their products, and what harmful effects they potentially present.

From a children’s rights perspective, family is an arrangement which provides care, nurture, and development. Considering its responsibility and obligations to the protection of children, families should be able to know which chemicals are coming into contact with children and what their effects are, so they can choose not to buy products that would harm them.

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Global dimension

Children's rights

All above-mentioned conventions and legislation:

• UNCRC

• ICCPR

• Aarhus Convention

• ECHR

• EU Charter

• European Social Charter

• SDGs

Connections between children's rights and exposure to hazardous chemicals

The EU Strategy on the Rights of the Child stresses that “the EU plays a leading role in supporting children globally, by strengthening access to quality, safe and inclusive education, basic services, health, humanitarian aid and in protecting them in violent conflict.” ²⁰⁴ However, the reality is that the EU involvement in guaranteeing that children’s rights protection against harmful contamination worldwide is far off these promises. As it stands today, EU companies are still allowed to export hazardous chemicals that are prohibited in the EU to other countries. This double standard enables EU businesses to sell harmful chemicals that will degrade the environment and impact children’s health around the world.

The export of hazardous chemicals banned in the EU is in itself an economic issue, creating howling economic injustice and massive disparities between EU member states and non-EU countries. “Wealthier nations tend to create double standards that allow the trade and use of prohibited substances in parts of the world where regulations are less stringent, externalising the health and environmental impacts on the most vulnerable,” former Special Rapporteur on toxics, Baskut Tuncak, stressed in 2020. ²⁰⁵ The continued use of harmful chemicals entails significant environmental degradation and health costs that will eventually reverberate on the financial status and resilience of healthcare systems in those countries importing chemicals banned in the EU.

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Footnotes

¹⁰³ Elgaronline, Article 3 TEU.

¹⁰⁴ EU Commission, EU action on the rights of the child.

¹⁰⁵ EU Commission, UNCRPD.

¹⁰⁶ European Convention on Human Rights, 1950 (amended version).

¹⁰⁷ European Social Charter, 1996 (amended version).

¹⁰⁸ UNCRC, Article 4: Implementation of rights.

¹⁰⁹ For instance, the proposal for a Toy Safety Regulation (TSR) and its impact assessment mainly focus on the achievement of the SDGs. Mentions of children’s rights, references to the UNCRC and acknowledgements of intersectionality between harmful chemicals and children’s rights violations are not sufficiently embedded in the proposal.

¹¹⁰ EU Commission, The EU Strategy on the Rights of the Child, COM(2021) 142 final, March 2021.

¹¹¹ UN Sustainable Development Goals, adopted by all UN member states in 2015. The SDGs play a role in determining the global approach to international sustainable development, but they are not legally binding and despite an apparent focus on children’s interests they fail to recognise children’s rights explicitly. In neglecting a rights-based framework, the overall narrative of the SDGs is one in which children will continue to be seen as objects of charity rather than as holders of human rights.

¹¹² Annex to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: EU strategy on the rights of the child, COM(2021) 142 final, March 2021: This Annex presents in detail the relevant rights enshrined in the Charter of Fundamental Rights of the EU, the UN Convention on the Rights of the Child and the goals and targets of the UN Sustainable Development Goals protected and promoted by the different strands of the EU Strategy on the Rights of the Child.

¹¹³ UNICEF, Innocenti Report Card 17: Places and spaces environments and children’s well-being, 2022.

¹¹⁴ Article 24 of the Charter of Fundamental Rights of the European Union, OJEU, December 2007.

¹¹⁵ See UNCRC Articles 6 and 24.

¹¹⁶ See UNCRC Article 3.

¹¹⁷ Report of the SR on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes, A/HRC/33/41, August 2016.

¹¹⁸ Human Rights Council Resolution 45/30, October 2020.

¹¹⁹ Opening Remarks, United Nations Special Rapporteur on toxics and human rights, Marcos A. Orellana, at the 76th Session of the UN General Assembly, May 2022.

¹²⁰ Committee on the Rights of the Child, General Comment No. 26 on children’s rights and the environment, with a special focus on climate change, CRC/C/GC/26, August 2023.

¹²¹ Ibid.

¹²² UNICEF, WHO, Born too soon - 150 million babies born preterm in the last decade, May 2023.

¹²³ EFCNI, The situation and the challenges with regard to preterm birth in Europe, 2018.

¹²⁴ Kolan, A.S, Hall, J.M., Association of preterm birth and exposure to endocrine disrupting chemicals, January 2023; Réseau Environnement Santé, Mortalité infantile, prématurité : l’urgence d’agir, June 2023.

¹²⁵ Welch BM, et al. Associations between prenatal urinary biomarkers of phthalate exposure and preterm birth: A pooled study of 16 US cohorts, July 2022.

¹²⁶ European Human Biomonitoring Initiative HBM4EU, Policy brief on phthalates, June 2022.

¹²⁷ Annex XV Restriction Report, dossier submitted by ANSES, Proposal for a restriction on several substances in single-use baby diapers, December 2021.

¹²⁸ ANSES, Sécurité des couches pour bébé: Avis révisé de l’Anses, Rapport d’expertise collective, January 2019.

¹²⁹ ClientEarth, EEB, HEAL and Zero Waste Europe, Press release: Experts highly concerned as EU body rejects proposal to exclude hazardous chemicals in diapers, December 2021.

¹³⁰ Ibid.

¹³¹ ECHA, Risks from chemicals in baby diapers not demonstrated, September 2021.

¹³² EEB, Babies exposed to highly toxic nappies face severe disease threat later in life, July 2022; ECHA, Risks from chemicals in baby diapers not demonstrated, September 2021. As outlined by the EEB, ECHA’s risk assessment committee found that “…it is not possible to conclude that there are no potential risks from these substances in single-use diapers…” and the chemicals “…should be kept to a level as low as possible/feasible, and preferably not be present at all.”

¹³³ HEAL, Restriction on harmful chemicals in single-use diapers: an opportunity to protect children’s health that Europe is on the verge of missing, July 2022; Opinion from MEPs Maria Arena, Anja Hazekamp, Tilly Metz, Frédérique Ries, Are there dangerous chemicals in disposable nappies in EU?, July 2022; EEB, Babies exposed to highly toxic nappies face severe disease threat later in life, July 2022.

¹³⁴ ECHA, ECHA’s investigation finds toxic chemicals present in childcare products, November 2023.

¹³⁵ Danish Protection Agency, Exposure of children and unborn children to selected chemical substances, 2017; Govarts, E. et al., Combined effects of prenatal exposures to environmental chemicals on birth weight, May 2016; Balbus J.M., et al. Early-life prevention of noncommunicable diseases, Lancet, 2013.

¹³⁶ Report of the SR on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes, A/HRC/33/41, August 2016.

¹³⁷ EU Commission, Thematic area 4, Child-friendly justice.

¹³⁸ CRIN, Children’s Access to Environmental Justice: A project exploring how the law protects - or fails to protect - children’s environmental rights.

¹³⁹ UNICEF, mandated by the EU Commission, Our Europe, Our Rights, Our Future, February 2021.

¹⁴⁰ CEO, Sign the petition for trilogue transparency, February 2023.

¹⁴¹ Ibid.

¹⁴² OHCHR, UNEP, Human rights and hazardous substances: Key messages, July 2021.

¹⁴³ CRIN, Submission to the OHCHR on children's right to an adequate standard of living, October 2015.

¹⁴⁴ Ibid.

¹⁴⁵ Council of Europe, Commissioner for Human Rights, Child labour in Europe: a persisting challenge, August 2013; International Labour Organisation (ILO), Child labour statistical profile: Europe and Central Asia, based on the ILO and UNICEF, Child Labour: Global estimates 2020, trends and the road forward, Geneva and New York, 2021.

¹⁴⁶ Ibid.

¹⁴⁷ Catherine Karr, Children’s environmental health in agricultural settings, May 2018.

¹⁴⁸ Ibid.

¹⁴⁹ LIFE Chemicals Ambassadors for Europe, a New LIFE project detoxifies Europe’s households.

¹⁵⁰ BEUC, Ubiquitous but preventable: Harmful chemicals in everyday consumer products, Compilation of tests by consumer organisations between 2017 and 2023 underscores need for better EU chemicals legislation, October 2023.

¹⁵¹ Ibid.

¹⁵² Ibid.

¹⁵³ ATHLETE, New study provides a unique resource for understanding how environmental exposures in early life affect our health, November 2022.

¹⁵⁴ Report of the SR on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes, A/HRC/33/41, August 2016.

¹⁵⁵ OHCHR, Opening Remarks, United Nations Special Rapporteur on toxics and human rights, Marcos A. Orellana, at the 76th Session of the UN General Assembly, May 2022.

¹⁵⁶ UNGA Resolution, The human right to a clean, healthy and sustainable environment, A/76/L.75, July 2022.

¹⁵⁷ Committee on the Rights of the Child, General Comment No. 26 on children’s rights and the environment, with a special focus on climate change, CRC/C/GC/26, August 2023.

¹⁵⁸ Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for community action to achieve the sustainable use of pesticides.

¹⁵⁹ EEA, More action needed in the EU to reduce the impacts of chemical pesticides, April 2023.

¹⁶⁰ Report of the Special Rapporteur on the right to food, A/HRC/34/48, January 2017.

¹⁶¹ Stanislas Rigal et al., Farmland practices are driving bird population decline across Europe, May 2023.

¹⁶² International Assessment of Agricultural Knowledge, Science and Technology for Development (IAASTD), Agriculture at a crossroads - Global report, 2009.

¹⁶³ FAO, ITPS, GSBI, CBD, EC, State of knowledge of soil biodiversity - Status, challenges and potentialities, Report, 2020; Mandal et al., Chapter 7: Impact of agrochemicals on soil health, 2020.

¹⁶⁴ FAO, The biodiversity that is crucial for our food and agriculture is disappearing by the day, February 2019.

¹⁶⁵ Lee K. et al., Connecting biodiversity with mental health and wellbeing - A review of methods and disciplinary perspectives, May 2022.

¹⁶⁶ PAN North America, Pesticides and climate change: A vicious cycle, Winter 2022-2023.

¹⁶⁷ Ibid. “Some pesticides are themselves greenhouse gases. The fumigant sulfuryl fluoride (used to fumigate commodities during transport and storage), is a powerful greenhouse gas. Emitting just one ton (0.91 tonnes) of sulfuryl fluoride is the equivalent of emitting 4,780 tons (4,336 tonnes) of CO2.”

¹⁶⁸ European Parliament, Press Release, No majority in Parliament for legislation to curb use of pesticides, November 2023; EDC Free Coalition, EDC-Free Europe partners react to European Parliament’s vote against SUR, November 2023.

¹⁶⁹ Olsson, I-M., et al., The cost of inaction - A Socioeconomic analysis of costs linked to effects of endocrine disrupting substances on male reproductive health, 2014; Bellanger, M., et al., Neurobehavioral deficits, diseases, and associated costs of exposure to endocrine-disrupting chemicals in the EU, Journal of Clinical Endocrinology and Metabolism, 2015.

¹⁷⁰ Ibid.

¹⁷¹ Committee on the Rights of the Child, General comment No. 17: The right of the child to rest, leisure, play, recreational activities, cultural life and the arts (Article 31), March 2013.

¹⁷² EU Commission, Toy Safety in the EU: The Toy Safety Directive 2009/48/EC.

¹⁷³ Arnika, Toxic soup: Dioxins in plastic toys, November 2018.

¹⁷⁴ EU Commission, Safety Gate: chemical substances top the annual list of health hazards for non-food products, March 2023.

¹⁷⁵ Forbrugerrådet Tænks - Danish Consumer Council THINK Chemicals, Bisphenols should be banned, May 2023.

¹⁷⁶ Tegengif, Populair kinderspeelgoed bevat giftige stoffen, 2023.

¹⁷⁷ Behnisch, P. et al, Global survey of dioxin- and thyroid hormone-like activities in consumer products and toys, Environment International, August 2023.

¹⁷⁸ EU Commission, Evaluation of the Toy Safety Directive, November 2020.

¹⁷⁹ EU Commission, Protecting children from unsafe toys and strengthening the Single Market – revision of the Toy Safety Directive.

¹⁸⁰ CRIN, Issues - Bodily integrity.

¹⁸¹ Committee on the Rights of the Child, General Comment No. 26 on children’s rights and the environment, with a special focus on climate change, CRC/C/GC/26, August 2023.

¹⁸² Report of the SR on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes, A/HRC/33/41, August 2016, Section D. Right to physical and mental integrity.

¹⁸³ Ibid and Human Rights Committee, General comment No. 20, para. 3, Forty-fourth session, 1992.

¹⁸⁴ International Agency for Research on Cancer, IARC Monograph on Glyphosate.

¹⁸⁵ The Connexion, Boy, 16, compensated in France after mother’s exposure to glyphosate, October 2023.

¹⁸⁶ Eskenazi, B. et al. Association of lifetime exposure to glyphosate and aminomethylphosphonic acid (AMPA) with liver inflammation and metabolic syndrome at young adulthood: findings from the CHAMACOS Study, March 2023; Raphael, K., Kids’ glyphosate exposure linked to liver disease and metabolic syndrome, Environmental Health News, March 2023.

¹⁸⁷ Global Glyphosate Study, Results presented in Bologna in October 2023, reported by The New Lede, Glyphosate cancer findings of “extreme concern” as Europe weighs reauthorization of pesticide, October 2023.

¹⁸⁸ Inserm, Une étude de l’Inserm s’intéresse au lien entre le risque de leucémie pédiatrique et le fait d’habiter à proximité de vignes, October 2023.

¹⁸⁹ Le Monde, European Commission faces criticism for glyphosate reauthorization, November 2023.

¹⁹⁰ CRIN, Rights, Remedies and Representation: Global report on access to justice for children, 2016.

¹⁹¹ European Commission, Thematic area 4, Child-friendly justice.

¹⁹² European Union Agency for Fundamental Rights, Business and human rights – Access to remedy, October 2020.

¹⁹³ The FRA study mentioned a relevant third-country case study of chemical pollution affecting the rights—especially children’s rights—to health and life, as well as the right to an effective remedy and fair trial. This chemical pollution case involved nearly 800 people in Chile suing the Swedish mining company Boliden for damages after the company exported a pile of toxic waste to Chile in the 1980s. For several years, children played on the pile, which contained large amounts of arsenic and lead. In the 1990s, many people in the affected city developed serious illnesses, including (but not limited to) chronic coughing, aching joints, and cancer. The mining company Boliden argued that the damages should be paid by the Chilean authorities. Several District and Supreme Courts dismissed the case, referring to the period of limitation; and eventually ordered the victims to pay the costs of the defendants.

¹⁹⁴ Report of the SR on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes, A/HRC/33/41, August 2016.

¹⁹⁵ Committee on the Rights of the Child, General Comment No. 26 on children’s rights and the environment, with a special focus on climate change, CRC/C/GC/26, August 2023.

¹⁹⁶ CRIN, Children’s Access to Environmental Justice: Country reports project (ongoing).

¹⁹⁷ CRIN, Country report on children’s access to environmental justice in France, April 2022.

¹⁹⁸ CRIN, Country report on children’s access to environmental justice in Sweden, October 2022.

¹⁹⁹ CRIN, Country report on children’s access to environmental justice in Finland, August 2023.

²⁰⁰ CRIN's paper Access Denied: Protect children - end censorship.

²⁰¹ Committee on the Rights of the Child, General Comment No. 26 on children’s rights and the environment, with a special focus on climate change, CRC/C/GC/26, August 2023.

²⁰² ECHA, Substance Infocard, EC number: 236-675-5, CAS number: 13463-67-7 (last consulted: November 2023).

²⁰³ Letter of the Special Rapporteur on toxics and human rights Baskut Tuncak to the European Commission, OL OTH 21/2019, April 2019.

²⁰⁴ Thematic area 6 of the EU strategy on the Rights of the Child EU actions supporting, protecting and empowering children globally, including during crisis and conflict, March 2021.

²⁰⁵ OHCHR Special Procedures, States must stop exporting unwanted toxic chemicals to poorer countries, says UN expert, July 2020.

²⁰⁶ Heinrich-Böll-Stiftung Report, Imports and exports: banned but sold anyway, October 2022.

²⁰⁷ Unearthed and Public Eye Joint Investigation, Europe shipping banned pesticide linked to child brain damage to Global South, March 2023.

²⁰⁸ Ibid.

²⁰⁹ Unearthed and Public Eye Joint Investigation, France still exporting prohibited pesticides, despite landmark ban, November 2022.