6. Conclusion
Climate change presents critical challenges for human health, through increased frequency and severity of severe weather events and associated injuries and poor health, growing rates of infectious disease and the emergence of novel diseases, and increased food insecurity through reduced agricultural yields due to droughts or floods, with flow-on effects for nutrition and diet-related health. As an area of law that specifically engages with human health (at a population level), public health law potentially has an important role to play in addressing the impacts of climate change and protecting human health.
Key Points
- Public health laws are focused on promoting public health and preventing disease and injury. The public health Acts in some states and territories contain provisions setting out the objects of the Act that specifically address environmental health, or guiding principles that address sustainability. These provisions may be relevant to addressing climate change.
- State and territory public health legislation sets out the public health functions of state and local governments (which includes public health planning), as well as the functions and powers of public health officers. These functions and powers can be used to introduce policies and actions that aim to mitigate or adapt to climate change, and which address the health impacts of climate change.
- Local governments can play an important role in public health, with legislation in some states requiring local governments to develop public health plans. These plans could be used to address climate change (and some local governments are doing so already).
- Public health laws can potentially address the health impacts of climate change. However, there is significant variation between state and territory laws, and law reform may be required to include provisions explicitly addressing climate change within Australia’s public health Acts.
Public health law aims to create the conditions for people to lead healthy, fulfilling lives. It encompasses the prevention of public health ‘nuisances’ or local/environmental risks to health, infectious disease control, and the prevention of non-communicable diseases, as well as establishing the public health institutions, powers, and functions of government. In addition to public health Acts, the field encompasses dedicated legislation on significant public health threats, such as tobacco control, and motor vehicle and consumer product safety.[1]
[1] Lawrence O Gostin and Lindsay F Wiley, Public Health Law: Power, Duty, Restraint (Oakland, CA: University of California Press, 3rd ed, 2016)
