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9 judgments found.


Amparo Constitucional promovido por el Abog. Marcos Peroni Clifton bajo patrocinio del Aog. Guillermo Peroni, en representación de Philip Morris Paraguay S.A.

Country: Paraguay
Year: 2010
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 776 (2010)(Para.).
Health Topics: Controlled substances, Environmental health, Tobacco
Human Rights: Right to health
Facts:

Petitioner, the Paraguayan subsidiary of Philip Morris, filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 and 11 of the WHO Framework Convention on Tobacco Control (FCTC), and thus provided for stronger warning/labeling requirements than those of the law …Read more

Tags: Advertising, Awareness, Health data, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish

Tabacalera del Este S.A., et al. v. Poder Ejecutivo s/Amparo Constitucional

Country: Paraguay
Year: 2010
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).
Health Topics: Controlled substances, Environmental health, Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to health
Facts:

Petitioners were a consortium of tobacco companies that filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 (Protection from exposure to tobacco smoke) and 11 (Packaging and labelling of tobacco products) of the WHO Framework Convention on Tobacco Control …Read more

Tags: Advertising, Awareness, Health data, Health regulation, Passive smoking, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

Xákmok Kásek Indigenous Community v. Paraguay

Country: Paraguay
Year: 2010
Court: Inter-American Court of Human Rights
Citation: Inter-Am. Ct. H.R. (ser. C) No. 214 (Aug. 24, 2010).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Infectious diseases, Medicines, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life, Right to property
Facts:

Indigenous community Xákmok Kásek brought an action against the government of Paraguay before the Inter-American Commission on Human Rights for failure to meet its international responsibility of timely granting the community members’ request in 1990 for a guarantee of their right to their ancestral lands. Because the government had failed to process their request, the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Chagas, Childbirth, Children, Dehydration, Diet, Drinking water, Health insurance, Health records, Immunization, Indigenous groups, Infant health, Infant mortality, Malnutrition, Maternal health, Maternal mortality, Medical records, Minor, Potable water, Pregnancy, Stunting, Tuberculosis, Vaccination, Vaccines
Download Judgment: English Spanish

Unión Tabacalera del Paraguay, et al. s/ Amparo Constitucional

Country: Paraguay
Year: 2009
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 6 octubre 2006, Sentencia No. 916 (2009)(Para.).
Health Topics: Controlled substances, Health information, Tobacco
Human Rights: Freedom of expression, Right of access to information
Facts:

Petitioner (a consortium of tobacco companies) sought to strike down Resolution N°298 of the Ministry of Public Health SG No. 298, which established stricter and more compelling warning requirements for cigarrette boxes and labels. The consortium alleged the Resolution (of administrative decree status –i.e, infra-legal) had been issued in violation of a hierarchically superior norm, …Read more

Tags: Advertising, Awareness, Health data, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish

Sawhoyamaxa Indigenous Community v. Paraguay

Country: Paraguay
Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 146 (Mar. 29, 2006).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Medicines, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to property
Facts:

The Sawhoyamaxa, an indigenous community in Paraguay brought the case against the Paraguayan government for failing to ensure their ancestral property right.  The Sawhoyamaxa’s claim for territorial rights had been pending since 1991.  The lands at issue constituted their traditional habitat suitable for their subsistence activities, consisting of hunting, fishing, and gathering. The lands claimed …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Child development, Child mortality, Children, Clean water, Drinking water, Immunization, Indigenous groups, Malnutrition, Minor, Pharmaceuticals, Safe drinking water, Sewage, Trash, Vaccination, Waste, Waste management
Download Judgment: English Spanish

Yakye Axa Indigenous Community v. Paraguay

Country: Paraguay
Year: 2005
Court: Inter-American Court of Human Rights
Citation: Yakye Axa Indigenous Cmty. v. Para., Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 125 (June 17, 2005).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Medicines, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life, Right to property
Facts:

The indigenous community of Yakye Axa, a traditional society of hunter-gatherers, was resettled as part of a development program in Paraguay started in 1979. They were displaced to lands with a natural environment and resources that were different from the Yakye Axa’s traditional territory and incompatible with their traditional means of subsistence.  They also faced …Read more

Tags: Access to health care, Access to treatment, Aged persons, Child development, Children, Clean water, Diet, Drinking water, Elderly, Food shortages, Hunger, Indigenous groups, Indigenous medicine, Indigent, Low income, Malnutrition, Minor, Older persons, Pediatric health, Poor, Potable water, Primary care, Safe drinking water, Senior citizens, Starvation, Stunting, Underprivileged
Download Judgment: English Spanish

Juvenile Reeducation Institute v. Paraguay

Country: Paraguay
Year: 2004
Court: Inter-American Court of Human Rights
Citation: Preliminary Objections, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 112 (Sept. 2, 2004).
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

Nine inmates died from a fire at juvenile detention center “Colonel Panchito López” Juvenile Reeducation Institute (Center), one inmate died from a bullet wound sustained at the Center, and 37 inmates sustained injuries and smoke inhalation from three fires at the Center. The Center was under the authority of the Ministry of Justice and Labor …Read more

Tags: Abuse, Access to health care, Access to treatment, Addiction, Child development, Children, Cruel treatment, Custody, Degrading treatment, Depression, Drug abuse, Drug use, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Minor, Prison conditions, Torture
Download Judgment: English

Yakye Axa Indigenous Community of the Enxet-Lengua People v. Paraguay

Country: Paraguay
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Yakye Axa Indigenous Cmty. of the Enxet-Lengua People v. Para., Case 12.313, Inter-Am. Comm’n H.R., Report No. 2/02, OEA/Ser.L./V/II.117, doc. 1 rev. 1 (2003).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to property
Facts:

This case was heard by the Inter-American Court of Human Rights. Their opinion is available here. Leaders of the Yakye Axa indigenous community of the Enxet-Lengua people filed suit against the Republic of Paraguay claiming that the Paraguayan State violated Articles 4 (right to life) and 25 (judicial protection), in conjunction with Article 1(1) (obligation …Read more

Tags: Access to health care, Access to treatment, Aged persons, Child development, Children, Clean water, Diet, Drinking water, Elderly, Food shortages, Hunger, Indigenous groups, Indigenous medicine, Indigent, Low income, Malnutrition, Minor, Older persons, Pediatric health, Poor, Potable water, Primary care, Safe drinking water, Senior citizens, Starvation, Stunting, Underprivileged
Download Judgment: English

Enxet-Lamenxay & Kayleyphapopyet (Riachito) v. Paraguay

Country: Paraguay
Year: 1999
Court: Inter-American Commission on Human Rights
Citation: Case 11.713, Inter-Am. Comm’n H.R., Report No. 90/99, OEA/Ser.L/V/II.106Doc. 6 rev. (1999).
Health Topics: Diet and nutrition, Health care and health services, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to property, Rights to the benefits of culture
Facts:

In 1991, representatives of the indigenous Enxet-Lamenxay and Kayleyphapopyet-Riachito communities commenced administrative proceedings against the Government of Paraguay to recover what they claimed was ancestral land that Paraguay had largely sold to foreigners in the years between 1885 and 1950. The petitioners described the land as “their main sustenance came from hunting, fishing, and gathering.” The …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Diet, Food, Forced displacement, Indigenous groups, Indigent, Low income, Pharmaceuticals, Poor, Primary care, Refugees, Underprivileged
Download Judgment: English Spanish
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