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113 judgments found.
Country:
Netherlands Year: 2015
Court: Hague District Court (Chamber for Commercial Affairs)
Citation: C/09/456689
Health Topics:
Environmental health Human Rights: Right to a clean environment,
Right to family life,
Right to life
Facts: The plaintiff Urgenda, a foundation committed to a more sustainable society, brought a claim on behalf of over 800 individuals against the defendant, the state of the Netherlands, regarding climate change. Specifically, the plaintiff asked the court to rule that it would be unlawful for the defendant not to reduce annual greenhouse gas emissions by …Read more
Tags: Air pollution,
Climate change,
Environmental degradation,
Global warming,
Harm reduction,
Pollution
Country:
Uganda Year: 2015
Court: Supreme Court
Citation: [2015] UGSC 14
Health Topics:
Environmental health,
Water, sanitation and hygiene Human Rights: Right to a clean environment,
Right to due process/fair trial,
Right to property
Facts: The National Environment Management Authority (“NEMA”) demolished the petitioner’s house after serving notice that his residential property was in a wetland. He filed a Constitutional Petition in the Constitutional Court maintaining that his rights over his property and his right to a hearing and to an appeal had been violated. He claimed that Sections 67, …Read more
Tags: Clean water,
Cleanliness,
Environmental degradation,
Environmental hazards,
Harm reduction,
Pollution,
Water pollution,
Water safety
Country:
Ecuador Year: 2012
Court: Inter-American Court of Human Rights
Citation: Case No. 12.465; Series C No. 245, June 27, 2012
Health Topics:
Diet and nutrition,
Environmental health,
Health care and health services,
Medicines,
Violence Human Rights: Freedom of expression,
Freedom of movement and residence,
Right to bodily integrity,
Right to due process/fair trial,
Right to liberty and security of person,
Right to life,
Right to participation,
Right to property
Facts: This case concerned the Kichwa nation of the Ecuadorian Amazon, which encompassed two Peoples who shared the same linguistic and cultural tradition. The State of Ecuador had granted a private oil company a permit to carry out oil exploration and exploitation of activities in the ancestral territory of the Kichwa nation. The State did not …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
Alternative medicine,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Diet,
Humiliating treatment,
Indigenous groups,
Indigenous medicine,
Industrial waste,
Inhuman treatment,
Military,
Pollution,
Primary care,
Rape,
Sexual violence,
Torture,
Violence against women
Country:
Japan Year: 2012
Court: Fukuoka High Court
Citation: Minshu Vol. 68, No. 6
Health Topics:
Environmental health Human Rights: Right to a clean environment
Facts: The governor of the Miyazaki Prefecture granted permission for a company that collects, transports, and disposes of industrial waste to establish an industrial waste treatment facility. When the company applied for permission, it submitted a document called the “Environmental Impact Survey Report,” which detailed the survey results regarding the impact of the establishment of the …Read more
Tags: Air pollution,
Contamination,
Environmental degradation,
Environmental hazards,
Garbage,
Industrial waste,
Pollution,
Toxic waste,
Waste,
Waste management,
Water pollution
Country:
Nigeria Year: 2012
Court: The Court of Justice of the Economic Community of West African States (ECOWAS)
Citation: JUDGMENT N° ECW/CCJ/JUD/18/12.
Health Topics:
Diet and nutrition,
Environmental health,
Public safety,
Water, sanitation and hygiene Human Rights: Right to a clean environment,
Right to food,
Right to health,
Right to water and sanitation
Facts: The Socio-Economic Rights and Accountability Project (SERAP), a non-governmental organization, filed a case against the Federal Republic of Nigeria alleging human rights violations as a result of the government’s failure to ensure adequate environmental protection in the Niger Delta due to oil spillage. SERAP alleged that decades of oil prospection and exploitation by private corporations …Read more
Tags: Clean water,
Cleanliness,
Contamination,
Drinking water,
Environmental degradation,
Environmental hazards,
Food,
Food safety,
Food shortages,
Pollution,
Potable water,
Safe drinking water,
Water pollution,
Water safety
Country:
Year: 2011
Court: The High Court of the Hong Kong Special Administrative Region Court of Appeal
Citation: [2011] HKCA 217; [2011] 5 HKLRD 469; [2012] 1 HKC 35; CACV 84/2011
Health Topics:
Environmental health Human Rights: Right to a clean environment
Facts: This case addressed the issue of whether Hong Kong’s Director of Environmental Protection (the ͞Director) had the authority to approve an environmental impact assessment (the ͞EIA) of certain proposed Hong Kong-Zhuhai-Macau Bridge projects (the ͞HKZMB Projects) if the EIA did not contain a quantitative stand-alone analysis of the projected environmental impact of the HKZMB Projects. …Read more
Tags: Air pollution,
Environmental hazard,
Industrial waste,
Water pollution
Country:
United States Year: 2010
Court: Inter-American Commission on Human Rights
Citation: Report No. 43/10, Petition 242-05, March 17, 2010
Health Topics:
Chronic and noncommunicable diseases,
Environmental health Human Rights: Freedom from discrimination,
Right to a clean environment,
Right to family life,
Right to health,
Right to life,
Right to property
Facts: This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration) and the American Convention on Human Rights (the Convention), including protection of the right to health and equality before law. Mossville, Louisiana is a …Read more
Tags: Biohazard,
Biosafety,
Cancer,
Contamination,
Heart disease,
Industrial waste,
Lung disease,
Neurological diseases,
Poisoning,
Pollution,
Pulmonary diseases,
Respiratory diseases,
Skin disease,
Toxic waste
Country:
Colombia Year: 2010
Court: Constitutional Court of Colombia
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Plena octubre 20, 2010, M.P.: Luis Ernesto Vargas Silva, Sentencia C-830/10 (Colom.).
Health Topics:
Child and adolescent health,
Controlled substances,
Environmental health,
Health information,
Public safety,
Tobacco Human Rights: Freedom of expression,
Right of access to information,
Right to a clean environment,
Right to bodily integrity,
Right to development,
Right to health,
Right to life
Facts: Petioner brought action before the Constitutional Court, challenging the constitutionality of Law 1335 of 2009, which imposes a general ban on all forms of tobacco promotion, advertisement and sponsorship and in this case, its constitutionality is being questioned. It imposes bans on behaviors aimed at promoting the consumption of a particular group of goods but …Read more
Tags: Alcohol,
Cancer,
Child development,
Contamination,
Health education,
Health promotion,
Heart disease,
Passive smoking,
Pulmonary diseases,
Respiratory diseases,
Second-hand smoke,
Smoking,
Tobacco control,
Tobacco regulation
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
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
Country:
Chile Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 14/09, Petition 406-03, March 19, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics:
Diet and nutrition,
Environmental health,
Health information,
Public safety Human Rights: Freedom of expression,
Right of access to information,
Right to a clean environment,
Right to due process/fair trial,
Right to participation
Facts: Miguel Ignacia Fredes Gonzalez and Ana Andrea Tuczek Fries, among others, filed an information request with the Agriculture and Livestock Service (the “SAG”), a department of the State’s Ministry of Agriculture, requesting information and documents related to transgenic crops and their location.The national director of the SAG failed to answer the request within the time …Read more
Tags: Awareness,
Biohazard,
Biosafety,
Contamination,
Disclosure,
Food safety,
Freedom of information,
Genetically-modified food,
Non-disclosure
Country:
Panama Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 75/09, Petition 286-08, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Environmental health,
Public safety,
Violence,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of association,
Freedom of expression,
Freedom of movement and residence,
Right to a clean environment,
Right to due process/fair trial,
Right to liberty and security of person,
Right to participation,
Right to property,
Rights to the benefits of culture
Facts: In May 2007, the State of Panama, without community consultation, granted a concession for the construction of a hydroelectric dam within the traditional lands of an indigenous community, the Ngöbe. Although the construction of the dam was still in its initial stages at the time the petition was filed, the petitioner alleged that the work …Read more
Tags: Air pollution,
Assault,
Children,
Clean water,
Cleanliness,
Contamination,
Drinking water,
Environmental degradation,
Environmental hazards,
Forced displacement,
Indigenous groups,
Law enforcement,
Lung disease,
Minor,
Pediatric health,
Police,
Pollution,
Potable water,
Respiratory diseases,
Safe drinking water,
Waste management,
Water pollution
Country:
Peru Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 76/09, Petition 1473-06, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Environmental health,
Health care and health services,
Sexual and reproductive health Human Rights: Freedom of expression,
Right to a clean environment,
Right to bodily integrity,
Right to due process/fair trial,
Right to health,
Right to life,
Right to privacy
Facts: Petitioners alleged that environmental pollution from a metallurgical complex in La Oroya, Peru caused a series of violations of the rights of community members. They alleged Peru was guilty by act and omission for its failure to control the metallurgical complex; its lack of supervision of the facility’s operation; and its failure to adopt measures …Read more
Tags: Access to health care,
Access to treatment,
Asthma,
Biohazard,
Biosafety,
Cancer,
Child development,
Child mortality,
Children,
Contamination,
Diagnostics,
Heart disease,
Industrial waste,
Infant health,
Infant mortality,
Infertility,
Kidney disease,
Lung disease,
Maternal health,
Minor,
Neurological diseases,
Poisoning,
Pollution,
Respiratory diseases,
Skin disease,
Toxic waste
Country:
Macedonia Year: 2009
Court: Constitutional Court
Citation: 261/2008-0-0
Health Topics:
Child and adolescent health,
Environmental health,
Health information,
Tobacco Human Rights: Freedom from discrimination,
Freedom of expression,
Freedom of movement and residence,
Right to health,
Right to life
Facts: This case was heard together with case 70/2009-0-0. The Petitioners, Miroslav Grcev and Stamen Filipov, challenged the constitutionality of the Anti-Smoking Law (the Law). The Law banned smoking in public premises, advertising cigarettes, and selling cigarettes to persons under the age of 16. Public premises included institutions for education, health, state administration, public transport, and …Read more
Tags: Advertising,
Air pollution,
Awareness,
Children,
Minor,
Passive smoking,
Pediatric health,
Second-hand smoke,
Smoking,
Smoking cessation,
Tobacco control,
Tobacco regulation
Country:
Macedonia Year: 2009
Court: Constitutional Court
Citation: 70/2009-0-0
Health Topics:
Child and adolescent health,
Environmental health,
Health information,
Tobacco Human Rights: Freedom from discrimination,
Freedom of association,
Freedom of expression,
Freedom of movement and residence,
Right to a clean environment,
Right to health,
Right to life,
Right to privacy
Facts: This case was heard together with case 261/2008-0-0. The Petitioners, Miroslav Grcev and Stamen Filipov, challenged the constitutionality of the Anti-Smoking Law (the Law). The Law banned smoking in public premises, advertising cigarettes, and selling cigarettes to persons under the age of 16. Public premises included institutions for education, health, state administration, public transport, and …Read more
Tags: Advertising,
Air pollution,
Awareness,
Children,
Minor,
Passive smoking,
Pediatric health,
Second-hand smoke,
Smoking,
Smoking cessation,
Tobacco control,
Tobacco regulation
Country:
Belgium Year: 2009
Court: Constitutional Court [Court Constitutionelle]
Citation: No. 4277 & 4278. C. C., n°2009-002
Health Topics:
Environmental health
Facts: Three telecommunications companies sought to annul an ordinance passed by the Brussels Capital Region concerning the protection of the environment against the harmful effects of non-ionizing radiation. The provisions sought to restrict the levels of non-ionizing radiation produced in the environment, particularly from telecommunications equipment. The applicants alleged that the provisions adopted by the Brussels …Read more
Tags: Environmental hazard,
Radiation
Country:
Sudan Year: 2009
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 279/03-296/05 (2009).
Health Topics:
Diet and nutrition,
Disasters and emergencies,
Environmental health,
Health care and health services,
Medicines,
Sexual and reproductive health,
Violence,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to due process/fair trial,
Right to health,
Right to housing,
Right to liberty and security of person,
Right to life,
Right to property
Facts: The complainants, two human rights organizations based in Sudan, the United Kingdom and Canada, alleged gross and systematic violations of human rights on the part of the Republic of Sudan and Government-supported militia forces in the Darfur region against indigenous tribes, including the Fur, Marsalit and Zaghawa. The organizations alleged that since General Omar Al-Bashir …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Armed conflict,
Clean water,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Drinking water,
Food,
Food shortages,
Forced displacement,
Humiliating treatment,
Indigenous groups,
Inhuman treatment,
Militias,
Poisoning,
Rape,
Refugees,
Safe drinking water,
Sexual abuse,
Sexual assault,
Sexual violence,
Torture,
Violence against women,
Water pollution
Country:
Uruguay Year: 2009
Court: Tribunal Apelaciones Civil Sexto Turno [Sixth Civil Appellate Court]
Citation: Office of the Public Ombudsman v. MVOTMA et al. Preventive action
Health Topics:
Child and adolescent health,
Environmental health Human Rights: Right to a clean environment
Facts: The Public Ombudsman brought a preventive action against the Ministry of Housing, Zoning and the Environment and the Municipal Government of Montevideo, for lead contamination in the soil of the neighborhood of La Teja. The contamination was discovered in 2001, and a number of measures were taken by relevant public agencies and by the executive …Read more
Tags: Children,
Contamination,
Environmental hazards,
Industrial waste,
Pediatric health,
Poisoning,
Pollution
Country:
Romania Year: 2009
Court: European Court of Human Rights
Citation: Application no. 6586/03
Health Topics:
Environmental health,
Prisons,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to a clean environment,
Right to privacy,
Right to water and sanitation
Facts: B, a Romanian national, was sentenced to ten years in prison for fraud by the Court of Appeal of Timisoara. In January 2003 B lodged an application with the European Court of Human Rights based on the conditions of his detention in the prisons of Arad and Timisoara. B alleged that Romania violated Article 3 (prohibition of torture) of the European …Read more
Tags: Air pollution,
Cleanliness,
Custody,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Pollution,
Prison conditions,
Sewage,
Trash,
Waste,
Waste management
Country:
Argentina Year: 2009
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 1312. XLIII.
Health Topics:
Disasters and emergencies,
Environmental health,
Public safety,
Water, sanitation and hygiene Human Rights: Right to a clean environment,
Right to health,
Right to housing,
Right to life
Facts: The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) in the terms of articles 41 and 43 of the National Constitution and law 25.675 with the Supreme Court of Justice against the National State, the province of Buenos Aires and the municipality of Lomas de Zamora to initiate the public work …Read more
Tags: Environmental degradation,
Environmental health,
Pollution,
Right to Health,
Water pollution
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
Country:
Colombia Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Segunda de Revisión No. 092 abril 14, 2008, M.P.: Manuel José Cepeda Espinosa, Auto 092/08 (Colom.).
Health Topics:
Child and adolescent health,
Disasters and emergencies,
Environmental health,
Health care and health services,
Health systems and financing,
Mental health,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to bodily integrity,
Right to due process/fair trial,
Right to education,
Right to health,
Right to liberty and security of person,
Right to life,
Right to property,
Right to work
Facts: The Constitutional Court considered the persistence of an unconstitutional state of affairs with regard to forced displacement, which disproportionately affected women in Colombia. The Court originally declared an unconstitutional state of affairs in Ruling T-025 of 2004 and again in Resolution 218 of 2006. More than half the displaced people in Colombia (54 per cent) …Read more
Tags: Armed conflict,
Cruel treatment,
Degrading treatment,
Forced abortion,
Forced displacement,
Humiliating treatment,
Indigenous groups,
Inhuman treatment,
Mental illness,
Pregnancy,
Rape,
Refugees,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Torture,
Violence against women
Country:
Costa Rica Year: 2008
Court: Supreme Court of Costa Rica (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 23 septiembre 2008, Sentencia 14593, Expediente: 08-012440-0007-CO (2008)(Costa Rica).
Health Topics:
Controlled substances,
Environmental health,
Occupational health,
Tobacco Human Rights: Right to health
Facts: Circular No. 03-2006 of the Municipality of Oreamuno designated an area within the public building to serve as a smoking room in accordance with Law N°7501 (1995), which provided for such spaces. The designated area was the aisle leading to the kitchen. Petitioner sought relief from the alleged violation of her right to health as …Read more
Tags: Passive smoking,
Second-hand smoke,
Smoking,
Tobacco control,
Tobacco regulation
Country:
Tanzania Year: 2008
Court: International Centre for Settlement of Disputes
Citation: ICSID Case No. ARB/05/22
Health Topics:
Environmental health,
Water, sanitation and hygiene
Facts: Tanzania was awarded funding from the World Bank to repair, upgrade, and expand the water and sewage infrastructure of Dar es Salaam. As a condition of the funding, Tanzania was required to appoint a private company to manage and operate the infrastructure improvements. The plaintiff, a British and German company named Biwater Gauff (“BGT”), won …Read more
Tags: Clean water,
Drinking water,
Potable water,
Safe drinking water,
Sewage,
Waste management,
Water pollution,
Water-borne disease