Montreal
Declaration
People's
Right to Safety
6th
World Conference on Injury Prevention and Control
Montreal,
Canada
15th
May 2002
The
participants of the 6th World Conference on Injury Prevention and
Control held in Montreal, Canada
3.
Motivated by the high incidence of
injuries and deaths caused by trauma, armed conflict and violence around the
world
4.
Following the Manifesto of Safe
Communities adopted at the 1st World Conference on Accidents and
Injury Prevention held at Stockholm, Sweden in 1989.
5.
Concerned at the existence of safety
hazards on a global scale and the serious threat that this poses to the life
and health of the people of this world, particularly to children.
6.
Aware that the concept of safety is
complex and difficult to understand in all its entire dimensions, physical,
social, psychological, and, therefore, difficult to promote.
7.
Noting that in modern ways of living
people have to use products and do things at places and at times which are
determined by some one else or society at large.
8.
Aware that people often have little
choice in the design of, the home they live in, the design of the tools they
use, the work place where they spend majority of their day, the roads they use,
the vehicles in which they travel.
9.
Recognising that individuals cannot be
expected to be careful all the time and that, particularly with respect to
activities that are universal in nature, such as, domestic chores, road use and
work in offices, factories, farms, etc., the structures within which people
function are more important in the occurrence of accidents and injuries than
`individual negligence’.
10.
Realising that effective safety
enhancement requires an integrated approach, which takes into account several
aspects in a framework that allows them to be viewed comprehensively.
11.
Reaffirming the principle of sovereignty of
States and accountability and responsibility in international cooperation to
address the issue of safety.
12.
Recognising that safety legislation, safety
standards and management objectives should all reflect the safety and
sustainable development context, and that standards applied by some countries
may be inappropriate and of unwarranted social and economic costs to other
countries
13.
Affirming that, nevertheless, it is
necessary to articulate a universal vision and develop universal norms and
standards in which people are able to lead their lives with safety.
14.
Recognising the vital role of women in the
propagation of safety and safe practices in everyday life and affirming the
need for integration of a gender perspective at all levels of policy making and
implementation of a global safety system.
15.
Stressing the importance of and the need
to promote international, regional and global cooperation among States and
inter-governmental organisations and the non-governmental sector for the
promotion of safety, safe technology and sustainable development.
16.
Acknowledging that the provision of new and
additional financial resources and access to relevant technologies is essential
if a global system of safe and sustainable development is to become the norm
17.
Noting that, ultimately, safe and
sustainable development on a global scale will strengthen friendly relations
among States and contribute to peace for human kind.
18.
Following the Universal Declaration Of The
Rights Of Peoples, The Universal Declaration Of Human Rights,[1]
The International Covenant On Civil And Political Rights,[2]
The International Covenant On Economic, Social And Cultural Rights,[3]
The Convention On The Elimination Of All Forms Of Discrimination Against Women,[4]
The United Nations Declaration on the Elimination of Violence Against Women,[5]
The United Nations Declaration on the Protection of Women and Children in
Emergency and Armed Conflict,[6]
The United Nations Convention On The Rights Of The Child,[7]
The Vienna Declaration and The Programme Of Action Of The World Conference Of
Human Rights,[8] Beijing
Declaration and Platform for Action: The Beijing Conference On Women,[9]
Copenhagen Declaration on Social Development and Programme of Action of the
World Summit for Social Development,[10]
The United Nations Declaration on Social Progress and Development,[11]
The Draft United Nations Declaration Of Rights Of Indigenous Peoples,[12]
and other relevant international human rights instruments.
19.
Guided by the Rio Declaration On
Environment and Development, Agenda 21,[13]
and other relevant instruments for prevention of industrial and environmental
hazards, and recognising the many linkages between
protection of human rights and protection of the environment.[14]
20.
Guided, further, by the International
Labour Organisation conventions and recommendations, including the ILO
Declaration on Fundamental Principles and Rights at Work,[15]
The United Nations Convention concerning Freedom of Association and Protection
of the Right to Organize,[16]
The United Nations Convention concerning the Application of the Principles of
the Right to Organize and to Bargain Collectively,[17]
and, The Convention Concerning The Prevention Of Major Industrial Accidents,
The Istanbul Declaration and Programme of Action.
21.
Recognizing that the right to safety depends
upon the full implementation of all civil, political, social, economic and
cultural rights.
22.
Deeply
concerned by the disproportionate frequency and the
magnitude of injury of civilians in armed conflicts.
23.
Deeply concerned
by the frequency
of the small scale but harmful hazardous events as well as by the magnitude and
nature of major industrial accidents, including the incidents in Seveso,
Chernobyll, Bhopal, Basel and elsewhere.
24.
Concerned that the existing national and
international system of hazard prevention, post disaster relief, medical and
legal assistance and legal accountability are relatively inadequate and unable
to both, prevent occupational, environmental and other hazards and to bring to
account those responsible for avoidable deaths and injuries.
25.
Noting that urgent action is needed to
prevent future degradation of human life, animal life and the environment and,
to adequately remedy the harms caused by the myriad safety hazards that
proliferate in the modern world.
26.
Cognisant of the inherent limitation of
national and international law as its stands, as well as of the vital role of
community organisations and peoples movements in preventing and ameliorating
these hazards.
Safety
is a fundamental right. It is essential for the attainment of health, peace,
justice and well-being.
Safety is a state in which hazards and
conditions leading to physical, psychological or material harm are controlled
in order to preserve the health and well being of individuals and the
community.
Safety is the result of a complex process
where humans interact with their environment, including the physical, social,
cultural, technological, political, economic and organisational environments.
Safety is, however, not defined as a total
absence of hazards. The object of this Declaration is not to eliminate all
risks but rather to control them in order to protect the health and well being
of individuals and the community.
1.
Everyone
is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, language, religion,
nationality, political opinion or affiliation, ethnic or social origin,
disability, age, property, sexual orientation, birth, income or any other
status.
2.
On
account of the particular discrimination faced by women in almost every aspect
of life, attention should be given to the specific application of the rights
stated below where women may be affected. On account of their vulnerability in
general and their exploitation in the labour market, special protection should
be accorded to the safety needs of children.
3.
On
account of the overwhelming, empirical connection between low incomes and
absence of adequate safety provisions and, the disproportionate impact of
safety hazards on racial, ethnic and other minorities, special protection
should be afforded to low income societies and groups, and all minorities,
including indigenous people.
The introduction, expansion or continuation
of unsafe or hazardous activities or structures into an environment should be
based upon the informed consent, given without fear or undue influence of any
kind, of the community likely to be affected by such actions.
People have the right to participate,
individually and collectively, in the planning, design, implementation and
evaluation of all activities that may affect their safety and well being.
All
people shall have the right to redress against the violation of the fundamental
right to safety. This right shall extend to entitle them to take such steps as
maybe necessary to avoid the risk that they may face in the particular
circumstances.
1.
Regular
and effective monitoring of the living environment for possible, immediate and
long term, effects of hazardous or potentially hazardous activities shall be
ensured. This shall include the regular monitoring of the health of the
population group or groups that come into contact with or are exposed to
hazardous materials, processes or activities in any manner.
2.
All
data and information so generated shall be available in the public domain.
Steps
shall be taken for ensuring provision of adequate emergency services including
the provision for police, fire fighting, medical and paramedical facilities,
and disaster management services to all persons and communities. This shall
include systems and procedures to provide warning for impending dangers and
hazards.
1.
Adequate
mechanisms shall be established to provide relief and compensation to all
persons injured or otherwise detrimentally affected by any unsafe or hazardous
activity.
2.
The
mechanisms so established shall provide for the right to fair and adequate
monetary compensation.
3.
All
persons and enterprises involved in hazardous or potentially hazardous
activities shall provide adequate financial security, through insurance or
other means, to cover potential interim relief costs, which may be payable
during the interregnum between the injury suffered and the determination of the
liability and compensatory damages.
4.
All
persons adversely affected by unsafe or hazardous activities shall have the
right to obtain full disclosure of all documents pertaining to injuries,
including medical records, test results and other information, as may be
relevant or necessary for the purposes of medical treatment or for securing
compensation and relief.
It
is essential to provide for special procedures to deal with the complaints or
actions arising out of effects of hazardous products and activities. These
procedures shall include the right to a fair public hearing within a reasonable
time by an independent and impartial court or tribunal established by law and
acting in strict conformity with the due process of law and statutory
protection for the integrity of the complainant.
1.
All
States shall develop mechanisms to protect the people’s right to safety against
any violation by agencies, including corporate bodies.
2.
All
States shall respect and protect the right to safety. Accordingly all States
shall formulate injury prevention and safety promotion policies.
DOCUMENT
SOURCES
[1] The Universal Declaration Of
Human Rights, http://www.unhchr.ch/udhr/index.htm.
[2] The International Covenant On
Civil and Political Rights, http://www.unhchr.ch/html/menu3/b/a_ccpr.htm
[3] The International Covenant On
Economic, Social and Cultural Rights,
http://www.unhchr.ch/html/menu3/b/a_cescr.htm
[4] The Convention On The
Elimination Of All Forms Of Discrimination Against Women,
http://www.unhchr.ch/html/menu3/b/e1cedaw.htm
[5] The United Nations Declaration
on the Elimination of Violence Against Women,
http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.RES.48.104.En?Opendocument
[6] The United Nations Declaration
on the Protection of Women and Children in Emergency and Armed Conflict,
http://www.unhchr.ch/html/menu3/b/24.htm
[7] The United Nations Convention On
The Rights Of The Child, http://www.unhchr.ch/html/menu3/b/k2crc.htm
[8] The Vienna Declaration and The
Programme Of Action Of The World Conference Of Human Rights,
http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.CONF.157.23.En?OpenDocument
[9] Beijing Declaration and Platform
for Action: The Beijing Conference On Women,
gopher://gopher.undp.org/00/undocs/gad/A/CONF.177/95_11/20
[10] Copenhagen Declaration on Social
Development and Programme of Action of the World Summit for Social Development,
gopher://gopher.undp.org/00/unconfs/wssd/summit/off/a--9.en%09%09%2B
[11] The United Nations Declaration
on Social Progress and Development, http://www.unhchr.ch/html/menu3/b/m_progre.htm
[12] The Draft United Nations
Declaration Of Rights Of Indigenous Peoples,
http://www.unhchr.ch/html/racism/indileaflet5.doc
[13] Rio Declaration On Environment
and Development,
http://www.unep.org/Documents/?DocumentID=78&ArticleID=1163
[14] Human Rights and the Environment, http://www.unhchr.ch/environment/
[15] ILO Declaration on Fundamental
Principles and Rights at Work,
http://www.ilo.org/public/enrglish/standards/decl/declaration/text/index.htm
[16] The United Nations Convention
concerning Freedom of Association and Protection of the Right to Organize,
http://www.unhchr.ch/html/menu3/b/j_ilo87.htm
[17] The United Nations Convention
concerning the Application of the Principles of the Right to Organize and to
Bargain Collectively, http://www.unhchr.ch/html/menu3/b/j_ilo98.htm