CHRONIC KIDNEY DISEASE OF UNKNOWN AETIOLOGY OF SRI LANKA IN HUMAN RIGHT PERSPECTIVE: WITH SPECIAL REFERENCE TO NATIONAL AND INTERNATIONAL HUMAN RIGHTS REGIME

  • Aruni Hemanthi Wijayath
Keywords: Chronic Kidney Disease of Unknown Aetiology, Fundamental Rights, Constitution of Sri Lanka, International Human Right Law

Abstract

Chronic Kidney Disease of Unknown Aetiology (CKDu) is a condition that the reduction of the kidney functions over a period of time. CKDu has affected the dry zone in Sri Lanka and last few decades the use of agro-chemicals rising up in these areas due to large-scale cultivation of paddy crop. The researchers revealed that the accumulation of heavy metals as agro-chemical residues in water resources is one of the major environmental factors affect the CKDu. At present, United Nations recognizes the right to access clean water as a human right, even though the people of dry zone unable to enjoy the right due to pollution of their water resources by agro-chemical residues. Further, their right to life, right to a healthy environment and the right to engage in lawful occupation also violate due to this disease. The main purpose of this research is to identify the international and national human right provisions relate to CKDu in Sri Lanka. This research mainly explores the contribution of national and international jurisdiction to eradicate or minimize the outbreak of CKDu from Sri Lanka while ensuring the fundamental rights of citizens.

References

Al-Haj Ashik and Others v OIC Weligama Police and 8 others (2007) XIII Bar Association Law Journal Report, 159

Bandarage A., 2013, Political Economy of Epidemic Kidney Disease in Sri Lanka, SAGE Open October-December 2013: 1–13

Bulankulame v The Secretary, Ministry of Industrial Development and Others, (Eppawela case), (2000) 3 SLR 243,

Chandrajith, R, Nanayakkara, S.I.K, Athuraliya, T.N.C, Dissanayake. T.N.C and Koizumi A, 2011, Mycotoxin Detection in Urine Samples from Patients with Chronic Kidney Disease of Uncertain Etiology in Sri Lanka, Bulletin of Environmental Contamination and Toxicology Vol 87, No 1, Pp6-10 •

Chandrajith, R., Seneviratna, S., Wickramaarachchi, K., Attanayake, T., Aturaliya, T. N. C., & Dissanayake, C. B. (2010) ‘Natural radionuclides and trace elements in rice field soils in relation to fertilizer application: Study of a chronic kidney disease area in Sri Lanka’, Environmental Earth Sciences, 60, 193-201.

Constitution of Socialist Democratic Republic Sri Lanka,1978

Development Agenda, Afe Babalola University, Journal of Sustainable. Development. Law and Policy Vol. 9: 1: 2018,

Glyphosate Facts Transparency on Safety Aspects and use of Glyphosate containing herbicides in Europe , 2015, Glyphosate and Chronic Kidney Disease in Sri Lanka https://www.glyphosate.eu/glyphosate-and-chronic-kidney-disease-sri-lanka [Accessed on 24th September 2018]

Gunarathne C.,2015, Using Constitutional Provisions to advance Environmental Justice – Some reflections on Sri Lanka, Law Environment and Development Journal, Vol 11/2, P 72

Gunathilake S.K., Samaratunge S.S., Rubasinghe R.T.,2014, Chronic Kidney Disease (CKD) in Sri Lanka - Current Research Evidence Justification: A Review, Sabaragamuwa University Journal Volume 13 Number 2; December 2014, pp 31-58

Handunnetti, D. & Daniel, S. (2012) ‘Conflicting reports highlight scientific data gaps in Sri Lanka’s chronic kidney disease’, SciDevNet. Richard L H, Human Rights and the Environment, Earth right International, 1997, p 1

International Covenant on Civil and Political Rights

International Covenant on Economic Social and Cultural Rights

Jayasinghe T. R.K.Y, 2011, Chronic Kidney Disease (Risk factor identification) (Secondary data analysis), Faculty of Agriculture, University of Peradeniya

Jayasumana, C., Gunatilake, S., and Senanayake,(2013)’ P. Glyphosate, Hard Water and Nephrotoxic Metals: Are They the Culprits Behind the Epidemic of Chronic Kidney Disease of Unknown Etiology in Sri Lanka?’ International Journal of Environ Research and Public Health. Feb; 11(2), pp. 2125–2147

Jayathilaka, N., Mendis, S., Maheepala, P., Firdosi, M., Chronic kidney diseases of uncertain aetiology ( CKDu) in Sri Lanka: Geographic Distribution and environmental implications’, 2011, Environmental Geochemistry and Health, 33, pp.267-278

Juantey A.G., 2018, Reconciling Human Rights and the Environment: A Proposal to Integrate the Right to Food with Sustainable Development in 2030

Karim A., 2003, Environmental Protection, Public Health and Human Rights an Integrated Assessment, Science and Human Right Programme, American Association for Advancement of Science

Lunyera, J., Mohottige, D., Von, Isenburg, M.J., Patel, U.D. and Stanifer, J.W. (2015) ‘ CKD of Uncertain Etiology: A Systematic Review’, CJASN ePress.

Ranasinghe .H, Ranasinghe M., 2015, Status, Gaps and Way Forward in Addressing the Chronic Kidney Disease Unidentified (CKDu) in Sri Lanka, Journal of Environmental Professionals Sri Lanka, 2015 – Vol. 4 – No. 2 – 58-68

Ranasinghe M. S.,2017, Chronic Kidney Disease unidentified in Sri Lanka: Towards an Integrated Solution, York University, Ontario

Richard L H, Human Rights and the Environment, Earth right International,1997,p 1

Sri Lanka Medical Association, Chronic kidney disease of unknown aetiology in the North Central Province of Sri Lanka: trying to unravel the mystery, 2011, The Ceylon Medical Journal, Sri Lanka Medical Association, Volume 56, No.4,

Sriyani Silva V Iddamalgoda, Officer in Charge Police Station Paiyagala and Others (2003) 1 SLR 14

Tina Bellon, 2018, Monsanto ordered to pay $289 million in world's first Roundup cancer trial https://www.reuters.com/article/us-monsanto-cancer-lawsuit/monsanto-ordered-to-pay-289-million-in-worlds-first-roundup-cancer-trial-idUSKBN1KV2HB[Accessed on 25th September 2018]

Universal Declaration of Human Rights

Valcke M., Levasseur M.E., Silva A.S D., Wesseling C.,2017, Pesticide exposures and chronic kidney disease of unknown aetiology: an epidemiologic review, Environmental Health 16:49

Wilson, C., 1998. “Cost and Policy Implications of Agricultural Pollution with special Reference to Pesticides”. PhD Thesis, Department of economics, University of St Andrews, Scotland, U.K.

Published
2018-12-15
How to Cite
Wijayath, A. (2018). CHRONIC KIDNEY DISEASE OF UNKNOWN AETIOLOGY OF SRI LANKA IN HUMAN RIGHT PERSPECTIVE: WITH SPECIAL REFERENCE TO NATIONAL AND INTERNATIONAL HUMAN RIGHTS REGIME. Proceedings of the International Conference on Social Sciences, 5(1), 1-13. https://doi.org/10.17501/2357268X.2018.5101