Dignity Law and the Environment in Pakistan

Abstract

In Pakistan, as elsewhere in the world, the right to human dignity is the central axis around which other rights revolve. In seeking to fulfil the constitutionally protected right to dignity, Pakistani courts have recognized that a healthy environment and a stable climate are essential. Thus, although it is one of about 60 countries that do not recognize an express right to a healthy environment in some way, courts in Pakistan have issued pioneering environmental jurisprudence under Article 14, which provides that ‘the dignity of man … shall be inviolable.’ Relying on this provision, both the Lahore High Court and the Supreme Court of Pakistan have issued landmark decisions seeking to improve environmental outcomes relating to water, sanitation, and a stable climate.
In a tacit conversation among courts on every continent, Pakistan is serving as a model for recognising the relationship between human dignity and environmental outcomes. To examine this development, this chapter proceeds in three steps. First, we describe the burgeoning global jurisprudence of dignity rights and demonstrate how courts in Pakistan have recognized the primary of human dignity as a constitutional value. We then highlight the intricate relationship between human dignity and environmental conditions, showing how the constitutional right to dignity in Pakistan has risen to meet environmental challenges including the looming climate crisis. We conclude that courts in Pakistan are serving as a global model in using dignity rights to advance environmental outcomes, thereby enhancing the ability of people to live with dignity in a healthy environment.

Keywords: dignity, environment, climate change, Pakistan