Human Dignity and Environmental Outcomes in Pakistan

by James R. May and Erin Daly

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Pakistan is one of the few countries worldwide whose Constitution does not explicitly address the environment. The higher courts have filled the vacuum by turning to the constitutional right to dignity, which the Constitution says is 'inviolable', as the basis for improving environmental outcomes to water, sanitation, and a stable climate, to name a few. This paper hazards an explanation as to the judicial reasoning behind this development. It posits that Pakistan takes the idea of dignity under law so seriously as to embrace environmental matters. In recent years, the courts have increasingly recognised the links between environmental protection and the enjoyment of Human rights, including in particular, the human right to dignity. This article maintains that this is a positive development. As a conceptual matter, attention to human dignity foregrounds the impacts on human beings of environmental decisions, including decisions that contribute towards addressing climate change issues. It requires courts to address the ways in which those decisions diminish the ability of people to manage their own lives, often in ways that disproportionately affect those who are already the most vulnerable and marginalised.