Jeremy McBride advises on complaint against failures by Belgium in respect of “forever chemicals”

Jeremy McBride advised ClientEarth in respect of the complaint submitted by it to the European Committee on Social Rights under its collective complaints procedure.

The complaint alleges that Belgium is not in conformity with Article 11(1)-(3 ) (the right to protection of health) of the Revised European Social Charter in several respects, namely, by failing to:

• establish and implement an effective legal, regulatory and policy framework capable of preventing and reducing the risks to human health arising from pollution caused by per- and polyfluoroalkyl substances (PFAS) or “forever chemicals”;
• take timely and effective measures, including, precautionary monitoring and remediation measures, to protect vulnerable groups, particularly children; and
• provide adequate health information and education concerning the risks associated with PFAS exposure.

In addition, the complaint submits that the shortcomings of the current framework expose the population to serious health risks and have resulted in a systemic and continuing failure to protect the right to health.

The Revised European Social Charter is a treaty of the Council of Europe that guarantees fundamental social and economic rights and complements the European Convention on Human Rights.