7 judgments found.

Charles Lukeyen Nabori, et al. v. Attorney General, et al.

Country: Kenya
Year: 2008
Court: High Court at Nairobi
Citation: Petition 466 of 2006
Health Topics: Chronic and noncommunicable diseases, Disasters and emergencies, Environmental health, Health systems and financing, Poverty
Human Rights: Freedom of movement and residence, Right to a clean environment, Right to life, Right to property
Facts:

The petitioners were pastoralists and communal landowners in the Baringo District in Rift Valley Province, Kenya. The petitioners alleged that the respondents (the Attorney-General, the Minister for Environmental and Natural Resources, the National Environment Management Authority, and the County Council of Baringo) were liable for violating their rights to life (under Section 71 of the …Read more

Tags: Asthma, Budget, Contamination, Environmental degradation, Environmental hazards, Forced displacement, Herbicide, Indigenous groups, Indigent, Manmade disaster, Poisoning, Poor, Precautionary principle, Refugees, Respiratory diseases
Download Judgment: English

Brun, André v. France

Country: France
Year: 2006
Court: Human Rights Committee
Citation: Brun v. France, U.N. H.R. Comm., U.N. Doc. CCPR/C/ 88/D/1453/2006 (Nov. 23, 2006).
Health Topics: Diet and nutrition, Environmental health, Public safety
Human Rights: Right to a clean environment, Right to due process/fair trial, Right to health, Right to life, Right to participation, Right to privacy
Facts:

Brun claimed a violation of Article 2 (right to remedy), Article 6 (right to life) and Article 17 (right to privacy) of the International Covenant Civil and Political Rights (ICCPR). Brun argued that Article 17 should be interpreted to include the right to live in a healthy environment. He had been sentenced for demonstrating against …Read more

Tags: Biosafety, Contamination, Environmental hazards, Food, Food safety, Genetically-modified food, Precautionary principle, Safety regulation
Download Judgment: English

Pablo Miguel, et al. v. Ministerio de Salud y la Dirección General de Salud Ambiental (DIGESA)

Country: Peru
Year: 2006
Court: Tribunal Constitucional (Constitutional Court)
Citation: Martínez, Pablo Miguel Fabián y Otros v. Ministerio de Salud y la Dirección General de Salud Ambiental (DIGESA), May 12, 2006, Sentencia 2002-2006-PC/TC (Peru).
Health Topics: Child and adolescent health, Disasters and emergencies, Environmental health, Health care and health services
Human Rights: Right to a clean environment, Right to development, Right to health, Right to life
Facts:

Petitioners filed a Writ of Mandamus action against the Ministry of Health and DIGESA (the General Directorate of Environmental Health) before the Superior Court of Justice of Lima, requesting that the court order Respondents to design and implement a strategy for public health emergencies for the city of La Oroya, pursuant to articles 96, 97, …Read more

Tags: Air pollution, Biohazard, Child development, Children, Contamination, Environmental hazards, Infant health, Poisoning, Pollution, Precautionary principle
Download Judgment: English Spanish

Peter Waweru v. Republic of Kenya

Country: Kenya
Year: 2006
Court: High Court at Nairobi
Citation: Miscellaneous Civil Application 118 0f 2004; (2007) AHRLR 149 (KeHC 2006)
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to a clean environment, Right to life, Right to water and sanitation
Facts:

About one hundred residents of the Kiserian township were approved to construct residential-cum-commercial buildings by county officials, including health officials. A public health officer investigated reports of “indiscriminate discharge of offensive smelling waste matters within the trading centre flowing out of various premises into open channels along the road to the environment and to the …Read more

Tags: Clean water, Cleanliness, Contamination, Drinking water, Environmental degradation, Environmental hazards, Industrial waste, Pollution, Precautionary principle, Safe drinking water, Sewage, Toxic waste, Waste, Waste management, Water pollution, Water safety
Download Judgment: English

A.P. Pollution Control Board II v. Prof. M.V. Nayudu and Ors

Country: India
Year: 2000
Court: Supreme Court
Citation: Appeal (civil) 368-371 of 1999
Health Topics: Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life, Right to water and sanitation
Facts:

Respondent industry sought to establish a new factory in the State of Andhra Pradesh to produce vegetable oils. The industry purchased land in Peddashpur village, within 10KM of two reservoirs that provided drinking water for 5 million people. In 1988, the Ministry of Forests and Environment established a “red” list of hazardous industries, including industry …Read more

Tags: Clean water, Drinking water, Industrial waste, Pollution, Potable water, Precautionary principle, Safe drinking water, Water pollution, Water safety
Download Judgment: English

Balmer-Schafroth and Others v. Switzerland

Country: Switzerland
Year: 1997
Court: European Court of Human Rights
Citation: Case No. 671996686876, 26 August 1997
Health Topics: Disasters and emergencies, Environmental health, Public safety
Human Rights: Right to due process/fair trial
Facts:

Balmer-Schafroth (B) and nine other applicants lived in villages situated in a containment zone within a radius of four to five kilometers from a nuclear power station in operation since 1971. In March 1991 they had requested the federal council to refuse an indefinite extension of the operating license being sought for the station and …Read more

Tags: Nuclear disaster, Nuclear radiation, Nuclear waste, Precautionary principle
Download Judgment: English French

Case 28/1994 (V.20)

Country: Hungary
Year: 1994
Court: Constitutional Court
Health Topics: Environmental health
Human Rights: Right to a clean environment, Right to life, Right to property
Facts:

The petitioner claimed that that s. 13(7)(4) of Act II of 1993 on Land Reallocation and Land Distribution Committees (the “Land Reallocation Act”) violated Article 18 of the Constitution of Hungary (the “Constitution”) and requested that the Constitutional Court declare an annulment of the provision. The Land Reallocation Act repealed s. 19 of Act II …Read more

Tags: Environmental degradation, Precautionary principle
Download Judgment: English