My menses occurs several times a month since I started working at Dandora dumpsite; any legal recourse?
A dumpsite. A waste picker says she has been experiencing several periods a month since she started working at a dumpsite in Dandora, Nairobi.
What you need to know:
- In the Constitution, Article 42 on environment provides for the right of every person to a clean and healthy environment.
- Article 43 provides for the highest attainable standard of health, which includes the right to healthcare services, including reproductive healthcare.
Dear Vivian,
I work at a dumpsite in Dandora, Nairobi, as a waste picker. Before I came to this area, my menstrual cycle was normal, coming within 28 and 30 days. Now my periods come several times a month and they are very heavy. I joined a self-help group in my Nyumba Kumi and, unfortunately, all the women working with me have a similar cry. Some say they started taking hormonal contraception in the hope of regulating their menstruation, with little success. Others have suffered serious problems when pregnant, including miscarriage, stillbirth and premature birth. Medics confirmed to us that the problem is due to the work we do. We would appreciate a legal understanding of our right to a clean environment.
Mary Waruguru,
Dandora, Nairobi
Dear Mary,
I applaud you for speaking up on this issue that is not considered a valuable topic. In fact, the connection between toxic chemicals and impacts on women hasn’t really been talked about that much. It’s such an important but overlooked issue. In 2007, the United Nations Environment Programme warned that Dandora posed a serious health threat to those who work and live nearby.
This burden, through a petition, was taken up by the Environmental and Land Court in Kenya in July 2021. The judgment ordered the National Environment Management Authority to close the dumpsite. It further ordered the now defunct Nairobi Metropolitan Services to get a new site. This was aimed at reducing the impact of environmental pollution. While this is yet to happen, it would be prudent to highlight how the impact of the dumpsite affects reproductive and health rights, and have the court pronounce itself on this position.
In the Constitution, Article 42 on environment provides for the right of every person to a clean and healthy environment. Article 43 further provides for the highest attainable standard of health, which includes the right to healthcare services, among them reproductive healthcare. The lack of proper sanitation can cause health defects. The National Reproductive Health Policy 2022-32 by the Ministry of Health appreciates that an adverse environment can adversely affect reproductive health.
Your solution lies in Article 70 of the Constitution, which gives you the option to make an application in court giving reasons why you feel the right to a clean and healthy environment has been denied and violated. The court, upon receiving this application, can give directions to provide compensation for any victim of a violation of the right to a clean and healthy environment.
To further understand how you and the other women can push for your rights on this issue, you can visit a community justice centre or any other grassroots justice group. One such avenue is the Dandora Community Justice Centre, a grassroots movement committed to building strong community activism.
Vivian
The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
