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113 judgments found.


Berishvili v. Rustavi City Hall, et al.

Country: Georgia
Year: 2004
Court: Court of Cassation
Citation: Case no. bs-205-172-k-04
Health Topics: Child and adolescent health, Environmental health, Health care and health services, Health systems and financing, Mental health, Public safety
Human Rights: Right to a clean environment
Facts:

Petitioner Berishvili requested reimbursement from defendants Rustavi City Hall and LLC “Cultural and Recreational Park” for medical expenses incurred by her son after he was injured in a city park. Petitioner and her son went to the Cultural Recreation Park in Rustavi City. While at the park, a poisonous snake bit her son who required …Read more

Tags: Access to health care, Access to treatment, Children, Environmental hazards, Minor, Out-of-pocket expenditures, Pediatric health, Psychiatry, Psychology, Secondary care
Download Judgment: English Georgian

Moreno Gómez v. Spain

Country: Spain
Year: 2004
Court: European Court of Human Rights
Citation: App. No. 4143/02, 41 Eur. H.R. Rep. 40 (2005).
Health Topics: Environmental health, Health care and health services
Human Rights: Right to privacy
Facts:

The applicant, a Spanish national, complained of noise disturbances at night bars, pubs and discotheques near her home in Valencia. An expert report confirmed that the noise levels were unacceptably high. The City Council designated her area an “acoustically saturated zone”, thereby imposing a ban on new noisy activities. Despite the ban, the City Council …Read more

Tags: Pollution
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Case 08587

Country: Costa Rica
Year: 2003
Court: Supreme Court of Costa Rica (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 19 agosto 2003, Sentencia 08587, Expediente: 03-007202-0007-CO (2003)(Costa Rica).
Health Topics: Controlled substances, Environmental health, Health care and health services, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

Petitioners challenged the constitutionality of Article 9 of Costa Rica’s tobacco regulation act, which provided for a partial ban on cigar and cigarette advertisement. In their submission, petitioners claimed the constitutional standard to safeguard the right to health, to life and to a clean environment could not be appropriately fulfilled by such a partial ban, …Read more

Tags: Contamination, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish

Kyrtatos v. Greece

Country: Greece
Year: 2003
Court: European Court of Human Rights
Citation: Kyrtatos v. Greece, App. No. 41666/98, 40 Eur. H.R. Rep. 16 (2005).
Health Topics: Environmental health
Human Rights: Right to due process/fair trial, Right to family life, Right to privacy
Facts:

First and second applicants, both Greek nationals, were mother and son, respectively. They owned real property that included a swamp by the coast in Ayios Yiannis. During their ownership, the prefect of Cyclades redrew the boundaries of Ayios Yiannis on the basis of which the town-planning authority of Syros issued building permits for the area …Read more

Tags: Environmental degradation
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Flores v. Southern Peru Copper Corporation

Country: United States
Year: 2003
Court: United States Court of Appeals, Second Circuit
Citation: 343 F.3d 140 (2d Cir. 2003)
Health Topics: Chronic and noncommunicable diseases, Environmental health, Public safety
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

Residents of Ilo, Peru and representatives of deceased Ilo residents brought personal injury claims under the Alien Tort Claims Act (“ATCA”) against Southern Peru Copper Corporation (“SPCC”). SPCC was majority-owned by Asarco, a Delaware corporation with its principal place of business in Peru. Asarco was a wholly-owned subsidiary of Grupo Mexico, S.A. de C.V., a …Read more

Tags: Air pollution, Air safety, Biohazard, Contamination, Environmental degradation, Environmental hazards, Industrial waste, Lung disease, Pollution, Respiratory diseases, Torture
Download Judgment: English

Smoke Affected Residents v. Municipal Corporation of Greater Mumbai

Country: India
Year: 2002
Court: High Court - Bombay
Citation: 2003 (3) BomCR 323
Health Topics: Chronic and noncommunicable diseases, Environmental health, Public safety
Human Rights: Right to a clean environment
Facts:

A petition was filed by the Smoke Affected Residents’ Forum seeking appropriate directions from the Court for measures to control and reduce auto emissions from vehicles plying in Mumbai. These were with respect to the consumption of unleaded petrol, reduction of sulphur content in diesel oil, issuance of ‘Pollution Under Control’ certificates and ensuring that …Read more

Tags: Air pollution, Air safety, Asthma, Environmental degradation, Pollution, Respiratory diseases, Safety regulation
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Dr Mohiuddin Farooque, et al. v. Bangladesh (Ministry of Communication)

Country: Bangladesh
Year: 2002
Court: Supreme Court - High Court Division
Citation: 22 BLD (HCD) 2002 345
Health Topics: Environmental health, Health systems and financing, Public safety
Human Rights: Right to a clean environment, Right to life
Facts:

Petitioners filed a writ petition arguing that the environment of Dhaka City and the health of its inhabitants were under threat from the “emissions of hazardous smokes and noises in the air from faulty and unfit motor vehicles lacking road worthiness as required by law.” An investigation conducted by the petitioner and the Executive Committee …Read more

Tags: Air pollution, Budget, Environmental degradation, Health regulation, Pollution
Download Judgment: English

Somapala Fernando v. S.C. Fernando

Country: Sri Lanka
Year: 2002
Court: Court of Appeal
Citation: CA NO. 86/94 (F)
Health Topics: Environmental health
Facts:

The Petitioner was to construct a brick kiln close to the Respondent’s house. The Respondent complained that the smoke emitted by the brick kiln would pose a threat to the health of those in the neighborhood. The Respondent claimed that, in addition being harmful to the inhabitants of his house, the smoke would also cause …Read more

Tags: Air pollution, Environmental degradation, Environmental hazards, Pollution
Download Judgment: English

Murli S. Deora v. Union Of India and Others

Country: India
Year: 2001
Court: Supreme Court
Citation: (2001) 8 SCC 765; AIR 2002 SC 40; 2002 (1) ALD 88 SC; 2001 (6) ALT 35 SC
Health Topics: Chronic and noncommunicable diseases, Environmental health, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

Tobacco related diseases caused an estimated eight hundred thousand deaths in India per year, with treatment of tobacco caused diseases resulting in a loss of Rs. 13,500 Crores annually. The World Health Organisation estimated that up to seven million deaths, worldwide, per year were attributable to tobacco related disease, of which sixty million deaths occurred …Read more

Tags: Passive smoking, Smoking, Tobacco control, Tobacco regulation
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Siromani Mittasala v. President, Brindavanam Colony

Country: India
Year: 2001
Court: High Court - Andhra Pradesh
Citation: 2002 (1) ALD 136; 2002 (2) ALT 356
Health Topics: Environmental health, Infectious diseases, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life, Right to water and sanitation
Facts:

Brindavan Colony was draining untreated sewage into the municipal underground pipeline and the Papireddy tank, which tank supplied water to the residents of Kavali. The Kavali municipality had failed to provide a proper drainage system, resulting in polluted water and the outbreak of mosquito-born epidemics. There was a nearby water supply scheme being built which, …Read more

Tags: Drinking water, Malaria, Pollution, Sewage, Waste management, Water-borne disease
Download Judgment: English

Environment Action Network Ltd. v. Attorney General and National Environment Management Agency

Country: Uganda
Year: 2001
Court: High Court at Kampala
Citation: High Court Miscellaneous Application No. 39 of 2001
Health Topics: Child and adolescent health, Environmental health, Public safety, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

The applicant, a public interest organisation, brought an application in the public interest seeking a declaration that unregulated smoking in public areas is a violation of the constitutional rights of non-smokers to life and to a clean and healthy environment. Article 50(2) of Uganda’s Constitution provides that “[a]ny person or organization may bring an action …Read more

Tags: Air pollution, Children, Minor, Passive smoking, Pediatric health, Second-hand smoke, Smoking
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Joseph Eryau v. Environmental Action Network Ltd. (No. 2)

Country: Uganda
Year: 2001
Court: High Court at Kampala
Citation: Civil Application No. 39 of 2001, Arising from Miscellaneous Application No. 39 of 2001
Health Topics: Environmental health, Public safety, Tobacco
Human Rights: Right to a clean environment
Facts:

Applicant Joseph Eryau made a motion to be heard in opposition to Application No. 39/2001. Of the five declarations proposed in the motion of Application No. 39/2001, all but two were struck down (including those orders which criminalized smoking in public places). The remaining two proposed that “smoking in a public place constitutes a violation …Read more

Tags: Air safety, Criminalization, Passive smoking, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

Dr Mohiuddin Farooque, et al. v. Government of Bangladesh, et al.

Country: Bangladesh
Year: 2001
Court: Supreme Court - High Court Division
Citation: 22 BLD (HDC) (2002) 534
Health Topics: Environmental health, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

The Petitioner was the Secretary of Bangladesh Environmental Lawyers Association (BELA) until his death. He was concerned about the increase in industrial pollution in the country and the Government’s lack of combative measures to tackle the issue. The Department of Environment, Pollution Control had carried out a survey identifying 903 industries that caused ecological imbalances …Read more

Tags: Air pollution, Clean water, Cleanliness, Contamination, Environmental degradation, Industrial waste, Pollution, Waste, Waste management, Water pollution
Download Judgment: English

The Social and Economic Rights Action Center, et al. v. Nigeria

Country: Nigeria
Year: 2001
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 155/96 (2001).
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Environmental health, Infectious diseases, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to a clean environment, Right to food, Right to health, Right to housing, Right to life, Right to property
Facts:

The applicant alleged that the military government of Nigeria (Government), in its efforts to produce oil through the State-owned Nigerian National Petroleum Company (NNPC), contaminated the environment of the Ogoni People and led to environmental degradation and health problems among that community. More specifically, the applicant claimed that the NNPC, acting within a consortium with …Read more

Tags: Air pollution, Cancer, Clean water, Contamination, Drinking water, Environmental degradation, Environmental hazards, Food, Food shortages, Forced displacement, Industrial waste, Lung disease, Military, Pollution, Potable water, Pulmonary diseases, Refugees, Respiratory diseases, Safe drinking water, Skin disease, Toxic waste, Water pollution
Download Judgment: English

Hatton and Ors. v. United Kingdom

Country: United Kingdom
Year: 2001
Court: European Court of Human Rights
Citation: App. No. 36022/97, 34 Eur. H.R. Rep. 1 (2002).
Health Topics: Child and adolescent health, Environmental health
Human Rights: Right to family life, Right to health, Right to privacy
Facts:

Eight applicants, all British citizens, lived on properties in the areas surrounding Heathrow Airport. They complained that United Kingdom’s “noise quota” policy introduced in 1993 allowing for increased flights and levels of noise at night and especially in the early morning interfered with their rights pursuant to Article 8 (right to respect for his or …Read more

Tags: Child development, Children, Minor, Pediatric health, Pollution
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T. RAMAKRISHNA RAO V.CHAIRMAN, HYDERABAD URBAN DEVELOPMENT AUTHORITY, HYD. AND OTHERS

Country: India
Year: 2001
Court: High Court of Judicature of Andhra Pradesh at Hyderabad
Citation: 2001 SCC OnLine AP 613
Health Topics: Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life, Right to water and sanitation
Facts:

The petitioner, Mr. T Ramakrishna Rao, was a member of the A.P. High Court Bar. He wrote a letter dated 13-12-1998 to the Andhra Pradesh High Court. The basis of the letter was a news article titled “A Victim of Urbanisation” published in an english daily, The Indian Express on 28-11-1998. The article highlighted the …Read more

Tags: Environmental degradation, Industrial waste, Water pollution
Download Judgment: English

Prof. Nurul Islam, et al. v. Government of the People’s Republic of Bangladesh, et al.

Country: Bangladesh
Year: 2000
Court: Supreme Court - High Court Division
Citation: 52 DLR (2000) 413
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Health systems and financing, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

The above judgment combined two writ petitions that both dealt with the effect of tobacco advertisements on public health. The Petitioner in Writ Petition No. 1825 of 1999 was Prof. Nurul Islam, President of ADHUNIK (Aamra Dhumpan Nibaron Kori). Section 3 of the Tamakjato Shamogri Biponon Niontroner Jonno Pronito Ain, 1988 provided that all tobacco …Read more

Tags: Air pollution, Asthma, Cancer, Children, Health regulation, Lung disease, Minor, Noncommunicable diseases, Passive smoking, Pediatric health, Pollution, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

Kemai & 9 Others v. Attorney General of Kenya & 3 Others

Country: Kenya
Year: 2000
Court: High Court at Nairobi
Citation: Civil Case 238 of 1999; (2005) AHRLR 118 (KeHC 2000)
Health Topics: Diet and nutrition, Environmental health
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to a clean environment, Right to life, Right to property, Right to work
Facts:

This case was brought to the Court by members of the Ogiek community who sought a declaration that their forcible eviction from the Tinet Forest by the Kenyan government was unconstitutional. The applicants claimed that the eviction was in contravention of their rights to protection of the law, their right to life, their right to …Read more

Tags: Environmental degradation, Food, Forced displacement, Indigenous groups, Pollution, Water pollution
Download Judgment: English

Bulankulama and six others v. The Secretary, Ministry of Industrial Development and seven others

Country: Sri Lanka
Year: 2000
Court: Supreme Court
Citation: SC Application No 884/99 (FR), unreported
Health Topics: Environmental health, Infectious diseases
Human Rights: Freedom of movement and residence, Right of access to information, Right to a clean environment, Right to development, Right to work, Rights to the benefits of culture
Facts:

The respondents entered into a draft agreement with a leading US mining company for the exploration of phosphate deposits in Eppawela, an agriculturally developed area of great historical importance and archaeological value. The proposed area of exploration was described as land ‘initially covering 56 square kilometers’. The petitioners, residents of Eppawela, started proceedings in the …Read more

Tags: Environmental degradation, Forced displacement, Industrial waste, Malaria, Pollution
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

Guerra and Ors. v. Italy

Country: Italy
Year: 1998
Court: European Court of Human Rights
Citation: Application No. 14967/89; (1998) 26 EHRR 357; [1998] ECHR 7
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom of expression, Right to life, Right to privacy
Facts:

Residents of Manfredonia brought an action against the Italian government for failing to provide them with information about the health risks posed by a nearby chemical factory. The residents of Manfredonia lived approximately one kilometer away from the Enichem chemical factory. The factory, which produced fertilizers and caprolactam, was classified as “high risk,” because it …Read more

Tags: Biohazard, Biosafety, Cleanliness, Contamination, Industrial waste, Pollution, Toxic waste, Waste, Waste management, Water pollution
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McGinley and Egan v. United Kingdom

Country: United Kingdom
Year: 1998
Court: European Court of Human Rights
Citation: Application No. 21825/93 and 23414/94; (1999) 27 EHRR 1
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Health systems and financing
Human Rights: Right of access to information, Right to health, Right to privacy
Facts:

McGinley (M) and Egan (E) were servicemen who had been present on a Pacific island in 1958 when atmospheric tests of nuclear weapons had been carried out (five in M’s case and one in that of E). During the tests service personnel had been ordered to line-up in the open and to face away from …Read more

Tags: Access to health care, Awareness, Biohazard, Freedom of information, Health records, Medical records, Military, Non-communicable diseases, Non-disclosure, Notification, Nuclear radiation, Social security
Download Judgment: English Bosnian French Russian

L.C.B. v. United Kingdom

Country: United Kingdom
Year: 1998
Court: European Court of Human Rights
Citation: L.C.B. v. U.K., App. No. 23413/94, 27 Eur. H.R. Rep. 212 (1998).
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Occupational health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

Applicant’s father served as a catering assistant in the British Royal Air Force and had been present at Christmas Island during four nuclear tests. Applicant was diagnosed with leukemia at an early age. Her records of admission to hospital included, under the heading “Summary of Possible Causative Factors” that her father was exposed to radiation. …Read more

Tags: Access to health care, Awareness, Biohazard, Freedom of information, Non-disclosure, Notification, Nuclear radiation
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Dr. Ashok v. Union of India and others

Country: India
Year: 1997
Court: Supreme Court
Citation: AIR 1997 SC 2298
Health Topics: Diet and nutrition, Environmental health
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

Amongst the several chemicals used industrially, some insecticides, colour additives and food additives (the chemicals) were approved for use in India even though they were banned in “advanced countries” as they carried carcinogenic properties. These facts were mentioned in a letter sent by Dr. Ashok (the Petitioner) to the Chief Justice of India. The Court …Read more

Tags: Biohazard, Contamination, Food safety, Pesticide, Pollution
Download Judgment: English

Sanjay Phophaliya v. State of Rajasthan and Ors

Country: India
Year: 1997
Court: High Court - Rajasthan
Citation: AIR 1998 Raj 96; 1997 (3) WLC 431; 1997 (2) WLN 112
Health Topics: Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life
Facts:

Petition stated that no appropriate steps had been taken by the Municipal Board to take custody of the stray dogs roaming in the public roads, despite the Municipal Board’s responsibility to keep the public spaces clean and abate public nuisances. These stray dogs had created a hindrance in public transport and had proved dangerous to …Read more

Tags: Cleanliness, Pollution, Waste management
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Menores Comunidad Paynemil s/ Acción de amparo

Country: Argentina
Year: 1997
Court: Civil Court of Appeals of Neuquén [Cámara de Apelaciones en lo Civil de la Provincia de Nuequén]
Citation: Case File No. 311-CA-1997
Health Topics: Child and adolescent health, Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to water and sanitation
Facts:

The public defender brought a guarantee of protection of individual constitutional rights (amparo protection) to protect the health of children in the indigenous community of Paynemil whose drinking water supply had been contaminated with lead and mercury by an oil company’s operations. The State was alleged to have arbitrarily failed to protect the right to …Read more

Tags: Clean water, Cleanliness, Contamination, Drinking water, Environmental hazards, Poisoning, Pollution, Potable water, Safe drinking water, Waste, Waste management, Water pollution, Water safety
Download Judgment: English Spanish

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
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Ameer Bano v. S. E. Highways

Country: Pakistan
Year: 1996
Court: High Court of Lahore
Citation: PLD 1996 Lahore 592
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to life
Facts:

The Petitioner, Ameer Bano, owned a house at Multan Road, Bahawalpur. She brought a claim before High Court of Lahore alleging that her right to life and freedom from disease under article 9 of the Constitution of Pakistan was violated by the breakdown of the sewerage system. The breakdown had caused dirty water to enter …Read more

Tags: Clean water, Cleanliness, Contamination, Pollution, Sewage, Trash, Waste, Waste management, Water pollution, Water-borne disease
Download Judgment: English

Terra Woningen B.V. v. The Netherlands

Country: Netherlands
Year: 1996
Court: European Court of Human Rights
Citation: App. No. 20641/92, 24 Eur. H.R. Rep. 456 (1997).
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial
Facts:

The applicant company’s business includes the development of real property and owned 6 blocks of flats nearby the port of Rotterdam. It was reported that a smell of mineral oil had been noticed in a garden during digging. In a report it was found that pollution was caused by heavy metals and the local residents …Read more

Tags: Cleanliness, Contamination, Pollution, Waste, Waste management, Water pollution
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Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of 8 July 1996

Country: Netherlands
Year: 1996
Court: International Court of Justice
Citation: Advisory Opinion of 8 July 1996
Health Topics: Disasters and emergencies, Environmental health, Public safety
Human Rights: Right to life
Facts:

The Secretary-General of the United Nations requested an advisory opinion from the International Court of Justice on the following question: “Is the threat or use of nuclear weapons in any circumstances permitted under international law?”. The Court determined that it had the jurisdiction and competence to reply to the UN request according to Article 96, …Read more

Tags: Armed conflict, Environmental hazards, Manmade disaster, Nuclear disaster, Nuclear radiation, Nuclear waste, Threat of violence
Download Judgment: English