The meaning of these words is not entirely clear so it will be up to the courts to decide on their exact meaning in the future. It seems that “health and well-being” include the following:

• Protection from pollution in the air, water, food or soil. This includes protection from dangers in the workplace, and from less obvious dangers to health such as excessive noise.
• Protection of our well-being covers both physical and mental well-being. This would include protection from nuisances and invasions of privacy and dignity. The European Court of Human Rights recently ruled that a bad smell from a tannery that offended neighbouring residents was a violation of their right to privacy. In our law this would probably qualify as a violation of the right to well- being. The Eastern Cape High Court was required to consider a case in which the applicant argued that the production of hydrogen sulphide (which smells like rotten eggs) by a tannery, was causing pollution in the neighbouring area.

The Court held that to be forced to work in an ‘environment of stench’ was contrary to one’s well-being. Therefore, we can say that something affects our well-being if it affects our ability to enjoy our life.