Review of Laura Westra's Environmental Justice and the Rights of Unborn and Future Generations

• Author: Autumn Long
• Position: J.D. Candidate, The University of Iowa College of Law, May 2009.
• Pages: 01

Page 139

Laura Westra's latest book, Environmental Justice and the Rights of Unborn and Future Generations, stresses the notion that we are asking the wrong questions about climate change and international environmental justice, and that we are neglecting those harmed the most by pollution. She emphasizes the importance of two responsibilities: 1) our responsibility to future and unborn generations and 2) our accountability for the integrity of the environment. This book is an essential read for beginners and environmentalists alike. It introduces readers to an understanding of the global climate crisis and arouses an awareness of those who truly pay the price for ecological infractions of the majority-unborn children and future generations.

Humankind's well-being is founded upon a safe environment. Clean air and clean water are vital to healthy lives. It follows then that we must protect the local environment in which we live, but also the global environment as a whole; equality for all, not only those best able to afford it. Just as vigorously as we guard our own rights to live free from toxic pollution, so too must we guard the rights of everyone to live free from such harms. Furthermore, protective measures are vital to enforce and punish those who threaten environmental integrity.

Westra notes the importance of protecting the unborn in addition to the current population from environmental damages, particularly because the unborn are significantly more vulnerable to environmental harms due to their inability to protect themselves from such harms. Nations look after their citizens but often do not effectively protect the unarticulated rights of the unborn, rights often most susceptible to environmental harm. These unborn are largely defenseless because they are passive recipients of the harms society inflicts on the environment through pollution, product, or even biological harm.

Many nations have laws regulating abortion and child endangerment, but they overlook laws protecting fetuses exposed to toxic chemicals and pollution. Such exposure can drastically affect physical, mental, and emotional development. Children's rights to health and environmental protection are essential humanitarian rights that form the foundation of what Westra calls "eco-justice." The rights of children involve not only their Page 140 rights to live free from exploitation and harm, but also their rights to develop as healthy babies and healthy children.

Protection of a child's right to healthy development starts before birth, when the developing fetus is most susceptible to chemical harms and pollution. Westra argues that modern states must...