The post The mining dam collapse in Brazil has an impact on the right to health, and it is much bigger than you would imagine discussed how the recent environmental disasters in Mariana and Brumadinho, Brazil, affected the population’s health in more or less obvious ways. Later, the post Business, Human Rights and the Environmentexplored the inextricable connection between the environment and human rights, calling businesses to act with due diligence in light of the environmental situation. It also briefly touched upon the fact that the industries of fossil fuel and tobacco sometimes have similar behaviors, particularly in denying the risks of certain products despite factoring them in decision-making. Now, it is time to go a bit further in exploring the extent of these similarities.
Last month, Daniel Cerqueira and Letícia Aleixo discussed how transnational litigation could help overcome corporate impunity—a reflection based on the aforementioned environmental disasters in Brazil. In doing so, the authors describe a series of circumstances related to the mining industry that could easily be translated into the context of other business sectors, such as food and tobacco. Not necessarily in this order, they talk about: (i) a permissive regulatory and oversight framework; (ii) the corporate takeover of permitting and/or inspection procedures; (iii) the difficulties in approving revised legislation due to large donations to politicians across the political spectrum and the rhetoric of framing regulation as an “obstacle to development”; (iv) the fact that the companies themselves commission studies on impact, whereas the government has no institutions capable of assessing their suitability; (v) the omission of information regarding a dangerous state of affairs; and (vi) the difficulties in achieving redress for the victims, which often leads to cross-border litigation. In short, Cerqueira and Aleixo describe this tragic scenario as one in which “corporations dictate the rules of the game”.
For those working in the field of non-communicable diseases, particularly food: does this ring a bell? Here are just a couple of examples.
The views reflected in this expert column are those of the individual authors and do not necessarily represent those of the O’Neill Institute for National and Global Health Law or Georgetown University. This blog is solely informational in nature, and not intended as a substitute for competent legal advice from a licensed and retained attorney in your state or country.