Health Rights Impacts by Agrochemical Business: Legally Challenging the “Myth of Safe Use”

The past decades have seen enormous growth in the agrochemical industry. Its pesticides and fertilisers promise to farmers worldwide an increase in yields and a decrease in labour input. The expansion of the pesticides industry results in tremendous costs to others – in the form of chronic illness,...

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Main Authors: Carolijn Terwindt, Shaelyn Morrison, Christian Schliemann
Format: Article
Language:English
Published: Ubiquity Press 2018-11-01
Series:Utrecht Journal of International and European Law
Subjects:
Online Access:https://www.utrechtjournal.org/articles/460
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author Carolijn Terwindt
Shaelyn Morrison
Christian Schliemann
author_facet Carolijn Terwindt
Shaelyn Morrison
Christian Schliemann
author_sort Carolijn Terwindt
collection DOAJ
description The past decades have seen enormous growth in the agrochemical industry. Its pesticides and fertilisers promise to farmers worldwide an increase in yields and a decrease in labour input. The expansion of the pesticides industry results in tremendous costs to others – in the form of chronic illness, acute injuries, and environmental degradation. Such costs are borne disproportionately by farm and plantation workers in the Global South due to a perilous combination of weak regulation, lack of training and access to information, and meager resources for protective equipment. Agrochemical companies continue to claim that their products are safe when used correctly by farmers and regulated effectively by the state. Advocates have attempted to use litigation as a recourse for challenging the agrochemical industry. Civil litigation against pesticides manufacturers can directly address the injuries suffered from pesticide poisoning, but such lawsuits face a number of challenges and all too often leave workers and farmers without access to an effective remedy. This article explores the potential of complementary litigation which challenges the harmful sales practices of pesticide companies, as well as the precautionary principle, as an alternative to protect pesticide users against hazards.
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spelling doaj.art-7e4468430d34425d8fe1f854f43d03b02022-12-21T22:08:13ZengUbiquity PressUtrecht Journal of International and European Law2053-53412018-11-0134213014510.5334/ujiel.460159Health Rights Impacts by Agrochemical Business: Legally Challenging the “Myth of Safe Use”Carolijn Terwindt0Shaelyn Morrison1Christian Schliemann2Legal Advisor, European Center for Constitutional and Human Rights (ECCHR), BerlinAssociate, Bragar, Eagel & Squire Law Firm, NYLegal Advisor, European Center for Constitutional and Human Rights (ECCHR), BerlinThe past decades have seen enormous growth in the agrochemical industry. Its pesticides and fertilisers promise to farmers worldwide an increase in yields and a decrease in labour input. The expansion of the pesticides industry results in tremendous costs to others – in the form of chronic illness, acute injuries, and environmental degradation. Such costs are borne disproportionately by farm and plantation workers in the Global South due to a perilous combination of weak regulation, lack of training and access to information, and meager resources for protective equipment. Agrochemical companies continue to claim that their products are safe when used correctly by farmers and regulated effectively by the state. Advocates have attempted to use litigation as a recourse for challenging the agrochemical industry. Civil litigation against pesticides manufacturers can directly address the injuries suffered from pesticide poisoning, but such lawsuits face a number of challenges and all too often leave workers and farmers without access to an effective remedy. This article explores the potential of complementary litigation which challenges the harmful sales practices of pesticide companies, as well as the precautionary principle, as an alternative to protect pesticide users against hazards.https://www.utrechtjournal.org/articles/460accountabilityagribusinesslitigationpesticide poisoningpersonal injuryprecautionary principleright to health
spellingShingle Carolijn Terwindt
Shaelyn Morrison
Christian Schliemann
Health Rights Impacts by Agrochemical Business: Legally Challenging the “Myth of Safe Use”
Utrecht Journal of International and European Law
accountability
agribusiness
litigation
pesticide poisoning
personal injury
precautionary principle
right to health
title Health Rights Impacts by Agrochemical Business: Legally Challenging the “Myth of Safe Use”
title_full Health Rights Impacts by Agrochemical Business: Legally Challenging the “Myth of Safe Use”
title_fullStr Health Rights Impacts by Agrochemical Business: Legally Challenging the “Myth of Safe Use”
title_full_unstemmed Health Rights Impacts by Agrochemical Business: Legally Challenging the “Myth of Safe Use”
title_short Health Rights Impacts by Agrochemical Business: Legally Challenging the “Myth of Safe Use”
title_sort health rights impacts by agrochemical business legally challenging the myth of safe use
topic accountability
agribusiness
litigation
pesticide poisoning
personal injury
precautionary principle
right to health
url https://www.utrechtjournal.org/articles/460
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AT christianschliemann healthrightsimpactsbyagrochemicalbusinesslegallychallengingthemythofsafeuse