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2 nd 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

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Page 1: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 2: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

• 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

Page 3: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 4: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 5: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

ENVIRONMENTAL HEALTH ISSUES IN

PAKISTAN

2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013

Page 6: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

1. Hepatitis

• Hepatitis "B" and "C" have emerged as major

Public Health Problems in Pakistan.

• Every 13th Pakistani is potentially

infected with 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

Page 7: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 8: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 9: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 10: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 11: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 12: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 13: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 14: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 15: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

Dialogue:

Environmental Health vs Public Health System

2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013

Page 16: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

RETHINKING THE SCOPE OF

ENVIRONMENTAL JUSTICE

2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013

Page 17: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

• 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

Page 18: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

“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

Page 19: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 20: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

• 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

Page 21: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 22: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

• 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

Page 23: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 24: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 25: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

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

Page 26: 2 nd South Asia Judicial Conference on Environmental Justice, Bhutan, 30-31 August, 2013 ENVIRONMENT, HUMAN HEALTH AND ITS ECONOMICS Pakistan’s Perspective

Thank You 2nd South Asia Judicial Conference on Environmental Justice, Taj Tashi Hotel, Thimpu, Bhutan, 30-31 August, 2013