How Can the Law Reduce the Negative Impact of Fast Fashion?
By Ana Cristina Wright Ramirez
I. INTRODUCTION
Have you ever thought about the clothes you wear? Or more specifically, the long-term impact of those clothes. A common model of making and selling clothes is ‘fast fashion.’ Fast fashion is the retail business model of constantly producing clothes at a low price and bringing new garments into stores. These clothes are aimed to be produced at a low price (Matthews). The more clothes are produced and distributed the more consumers are expected to buy clothes a lot more often than necessary. This excessive consumption generates waste. As if that weren’t worrying enough, these garments are of questionable quality. This is done without taking the wellbeing of the workers of the clothes into account, nor how damaging the fashion industry can be to the environment.
II. What are the negative consequences of fast fashion?
The incessant production of unethically made clothing has a very negative impact on both the workers who manufacture the clothes, and the environment. The fashion industry is the second most contaminating (right after the oil industry), responsible for approximately 10% of the world’s gas emissions (Shank & Bedat).
The residue produced by the fashion industry outputs both chemical and plastic pollution. (Matthews). Just to make a single cotton shirt, up to 700 gallons of water are required. (WWF). Not to mention that the dyes used in the fabrication of clothes is often dumped into rivers. (Webber). This is particularly harmful to the communities who rely on these bodies of water to survive. Contaminated rivers can provoke fatigue, sickness and even death for those who drink water from them.
Workers who manufacture clothes for the fashion industry receive very little salary. Not to mention that their working conditions are far from adequate and potentially unsafe. Most of these workers are women who, as you can imagine, get no maternity leave. More often than not, the children of these workers are forced into the industry, as a desperate attempt to keep clothes production speedy (Moulds).
III. Worker’s Protection
A wake-up call for many was the 2013 tragedy of Rana Plaza. Rana Plaza was a clothes factory in Bangladesh that collapsed. This caused the death of over a thousand workers and injured over two thousand more (Webster). One of the factors that made Rana Plaza unsafe (as well as other factories) was that part of the structure was built without having obtained proper building permission (Webster). There are laws that regulate both construction and use of land. But for them to work, they must be enforced. Workers should be able to trust that they are placed in a safe working environment. Yet they face poor working conditions, poverty pay and sometimes human trafficking (Matthews).
Not only are the working conditions unhealthy and far from safe, but the wages are close to nothing. People work in these factories for wages as low as $35 to $60 a month (Webster). The majority of workers involved in fast fashion are women (Webster) and they do not have access to maternity leave.
The law should guarantee the right to parental leave so parents can take care of their babies without having to lose their wages. This right is stated under Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which regards that “a country should guarantee […] ‘adequate parental leave for both men and women […] which ensures the right of equality between men and women in enjoying economic, social and cultural rights’” (Attorney-General’s Department).
As a result of parents earning poor wages, and not being able to properly look after their kids, children can be pulled into working for the industry. In the complex chain of clothes manufacturing, children can fly under the radar. Due to a lack of transparency, it is difficult to sanction those who are employing children. Lots of the times, brands are unaware that they are buying products made by children. Children are also hired because of the low skill required to fulfil most of the tasks. Nevertheless, there are children involved in all stages of clothes making, from picking the cotton, to more complex activities such as sequinning or embroidering (Mould).
The law should enforce appropriate working conditions for employees, as well as a decent salary and designated time to rest. Not to mention that children should not have to engage in labour of any kind.
IV. Environmental Law
The Ellen Macarthur Foundation released a report with helpful suggestions to reduce the negative consequences of fast fashion. It suggests that the incineration and landfilling of clothes (approximately 300,000 tonnes of textile) should be banned. The report also presents recommendations as to the fibres used by the fashion industry, which often end up in the sea (Matthews).
In the United Kingdom, a new Environmental Bill was notified by the Queen. This bill’s intention is to provide environmental solutions which will be supported by the law. This bill will highlight the importance of taking positive actions towards the environment seriously. These actions will be considered through the judiciary (Matthews).
The Ellen Macarthur foundation also talks about “Extended Producer Responsibility” (EPR). It requires companies to do one of the following: the company in question can either provide a recycling and waste management system for their products, or grant resources to another organisation which would help to manage textile waste. If a EPR programme were compulsory or binding by law, it could motivate different companies and brands to take the recycling of their unsold products into their own hands.
Another suggestion made in the report is to forbid the incineration of excess clothing. The incineration of textiles, approximately 300,000 tonnes emits harmful gasses into the environment. If not incinerated, this excess ends up in landfills. This option is no better (Matthews).
The goal is to reduce waste and contamination as much as possible. The report elaborates on a circular model for making and selling clothes, as opposed to the usual make-wear-dispose system.
V. Public Health Law
The goal of public health law is to decrease illness and disease. As we know, you can get sick from drinking contaminated water. This is an unfortunate reality for some communities who depend on rivers contaminated by the waste produced by the fashion industry. While this problem is not prevalent in Australia, it is important to keep in mind that when a body of water is contaminated, the communities who depend on it can become sick.
Residue of synthetic fibres has been found in seafood. This is alarming because it indicates that this type of waste has made its way to the food chain. A way to reduce the waste of synthetic fibres, would be to switch from polyester to recycled PET. This would decrease the spread of harmful fibres within the ocean (Matthews).
VI. Consumer Protection
As consumers, we deserve products which hold up to a certain standard. “Consumer Guarantees, A guide for businesses and legal practitioners” states that “goods are of acceptable quality”. This can be ambiguous, as it does not define what quality is acceptable. But as consumers, we also have the power to demand quality. Why conform to buying clothes which tear apart after a few wash cycles?
VII. How can commercial law help?
A reason why people choose fast fashion is because it’s cheaper. It is not fair for ethical companies to have to sell their items at a higher price than their fast fashion competitors. If fast fashion companies paid their manufacturers a decent wage, their prices would also be higher. It is illegal for businesses to get together with a competitor to fix prices (ACCC), but they may ask permission to the ACCC (Australian Competition and Consumer Commission) if it is believed that setting prices can be of public benefit. In my opinion, this would be the case.
A way in which brands could help, is to keep an eye on their manufacturers. Brand representatives can visit the factories and look out for warning signs, such as not seeing enough workers around. Alternatively, companies can decrease the amount of product they wish to purchase, into a more manageable load (Mould). This would decrease the need to exploit workers and children in order to meet the high demand of product.
VIII. Consumer education and right to protest
The different laws and rules that govern a society are very important. But they can only do so much if the individuals and groups who conform society, do not know all of the information they need. We have been prioritizing our clothes as an essential part of our identity for too long. Though clothes are very important when it comes to expressing ourselves, we still need to ask: who made this? As consumers, we can try sustainable practices such as:
- Not Throwing out clothes. It is better to have them donated or sold
- Fixing our clothes if they tear
- Buying second hand
- Buying less clothes
Another way consumers could help is by protest. Articles 21 and 22 of the International Covenant on Civil and Political Rights (ICCPR) guarantees the right to freedom of expression and assembly (Attorney-General’s Department). This means that people have the right to gather and form an association to pursue a goal or change. A way to do this is via peaceful protest. The act of protesting can help spread awareness about the issues discussed and help pressure companies into changing their actions for the better.
Workers can also protest. This is why it is important for them to know their rights. In Australia, The Fair Work Act 2009 allows freedom of association by guaranteeing that employees are free to join (or not) industrial associations (Attorney-General’s Department).
IX. Conclusion
There are several branches of the law that have a say when it comes to minimizing the short- and long-term effects of fast fashion. The law may not be as explicit when it comes to fast fashion as such. But since the fashion industry involves so many facets, it is more than possible for the law to intervene. The enforcement of current and new laws dedicated to helping the environment and the working and living conditions of people who work for the fashion industry is crucial. Combined with the responsible consumption and use of clothes, the negative consequences of fast fashion will significantly decrease. The law can be used as a tool to spread awareness about how to protect the environment, as well as protecting the integrity of all of those involved in the fashion industry. I’ll close this article with a couple of quotes:
“Demand quality, not just in the products you buy, but in the life of the person who made it.” – Orsola de Castro
“Fast fashion isn’t free. Someone somewhere is paying.” – Lucy Siegle
Bibliography
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