Conference 2023 Panel Recap - "Human Rights and Pesticides"

Photo by Mark Stebnicki

Panels: Human Rights and Pesticides

Speakers: Alessandra Guida and Laura Bowman

This panel explored the human rights implications of pesticide use in food systems. The first speaker, Alessandra Guida, from Queen’s University Belfast, focused her discussion on sustainability and human health goals in the World Trade Organization (the “WTO”).  The second speaker, Laura Bowman of Ecojustice, spent her time on the domestic implications of pesticide use.

Alessandra explained that there is potential for the WTO to help food systems become more environmentally sustainable and mindful of human health. However, these objectives are in conflict with the WTO’s goal of trade liberalization.  Alessandra noted that while the WTO has many stated goals for the future of food systems, the economic goals, especially increased cash cropping for barrier-free export, encourages increased pesticide use to the detriment of human health and the environment.

Laura’s presentation covered some of the many human health concerns that are attached to increased pesticide use in Canada.  An important risk of pesticide use is that there are so many unknowns with respect to health and safety, especially in the long term.  This makes litigation more difficult, as it can be challenging to show the causation between a migrant worker not receiving proper training or workplace protections while on a Canadian farm with that worker, or their child, facing adverse health consequences like cancer, infertility or birth defects several years later in their home countries.

Being a rights-based panel, each speaker had interesting perspectives on the role of public bodies to curb the negative consequences of pesticide use. Laura, for example, argued that Health Canada, along with other government agencies have a very important role to play as they decide which products are approved for use. She believes this form of government action could lead to state liability for breaches of migrant workers’ rights, as well as other members of the food system who are harmed by pesticides. For her part, Alessandra indicated that reform within the WTO could see an increased realization of sustainable development goals.

Strong government controls over pesticide use are likely warranted given that individual workers and consumers have relatively little control over their exposure to pesticides, and a low probability of succeeding if they seek legal recourse for damages caused by pesticides.  Farm workers, especially migrant workers, are often precariously employed, receive little training, and often do not fully know the risks associated with pesticide exposure.  Laura’s presentation showed us how high of a probability farm workers have of being exposed to dangerous levels of pesticides.  Consumers may similarly be kept in the dark about the amount and types of pesticides used in producing their food. Additionally, if a consumer suffers from poisoning or develops a delayed onset illness, it would be almost impossible to know who is responsible. This means that the stronger regulatory protections for human health and environmental protection proposed by these panelists are extremely important.