2nd South Asia Judicial Conference on Environmental
Justice, Bhutan, 30-31 August, 2013
ENVIRONMENT, HUMAN HEALTH AND ITS
ECONOMICS
Pakistan’s Perspective
by
Justice Syed Mansoor Ali Shah
Lahore High Court
Lahore, Pakistan
• The
symbiotic
relationship
between
environmental and health is undisputed.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
The World Health Organization (WHO) has
estimated that thirteen million deaths annually
are attributable to preventable environmental
causes.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
The report also estimates that:
• 24% of the global disease burden (healthy
life years lost) and 23% of all deaths
(premature mortality) are attributable to
environmental factors.
• the environmental burden of diseases being
15 times higher in developing countries than
in developed countries
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
ENVIRONMENTAL HEALTH ISSUES IN
PAKISTAN
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
1. Hepatitis
• Hepatitis "B" and "C" have emerged as major
Public Health Problems in Pakistan.
• Every 13th Pakistani is
infected with
potentially
either Hepatitis B or C.
• According to estimates, there are 6 to 7
million infections of Hepatitis "B" and "C”
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
Hepatitis (Contd…)
It is estimated that about 15 million people
somehow harbor hepatitis viruses in their
bodies.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
2. Floods
In August 2010, Pakistan experienced floods that
affected 20 million people in 78 districts, killed
1800, damaged or destroyed about 2 million
homes, 514 health facilities and inundated a
land mass the size of England.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
Floods (Contd…)
Between
August
and
September
2010,
6.2 million consultations for gastroenteritis,
respiratory
infections,
malaria
and
dermatologic conditions were reported to WHO
from 50 of 64 affected districts.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
Floods (Contd…)
Using surveillance data from flood-affected
districts, WHO reported mounting cases of
Crimean-Congo haemorrhagic fever, dengue
fever, cholera, falciparum malaria, measles and
polio.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
3. Dengue Fever
Dengue
is
a
widespread
mosquito-borne
infection in human beings.
Symptomatic dengue virus infections can
present
with
a
wide
range
of
clinical
manifestations, from a mild febrile illness to a
life-threatening shock syndrome.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
Dengue Fever (Contd…)
The
cases
of
Dengue
fever
increased
dramatically since the 1970s and continues to
become more prevalent. This disease is believed
to be due to a combination of urbanization,
poor sanitation, population growth, increased
international travel, and global warming
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
4. Unsafe Drinking Water / Poor sanitation
Due to scarcity of drinking water as well as its
being contaminated abdominal pain, diarrhea,
and other gastro-intestinal diseases are being
promoted.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
Green Bench at Lahore is currently dealing
with :
River Ravi case- contamination of fresh water
resource
Urban Water Supply /Sanitation case
Air pollution
Land use /urbanization
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
Dialogue:
Environmental Health vs Public Health System
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
RETHINKING THE SCOPE OF
ENVIRONMENTAL JUSTICE
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
• Constitutional ‘right to life’ has already been
interpreted to mean “a cleaner and a
healthier life”
• It is now time to include “right to human
health” as a fundamental right or as an
integral part of right to life or the proposed
right to a clean and healthy environment.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
“Enjoyment of the highest attainable standard of
health is one of the fundamental right of every
human being” – WHO’s Declaration
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
While environmental cases look into problems
of unsafe drinking water, poor sanitation, over
crowed cities and unregulated land use, they
have so far not estimated health loss associated
with these environmental issues.
Health loss must be assessed and health
treatment be provided.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
• Court alongside the environmental issue (e.g.,
polluting industry, poor sanitation by the local
authority or unclean drinking water supply)
must map the adverse environmental impact
on the health of the people in the area.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
It is the responsibility of the State to maintain
safe and healthy environment. Failure of
environmental governance and the consequent
loss of human health is the responsibility of the
State hence it must be compensated.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
• Building on the PRINCIPLE OF POLLUTER PAYS
- the concerned polluter (including the State)
are responsible to compensate in the shape
of providing healthcare till human health is
restored in the area.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
This is closely connected with the assessment of
“economic cost of loss associated with human
health and the consequent cost of health care to
be provided.”
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
The judicialization of human health and health
care is essential and an inseparable part of
environmental dispute resolution.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
Environmental Justice has to include in its ambit
the right to human health, health care and the
economics of an appropriate remedy.
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013
Thank You
2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013