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70 judgments found.


Dr Festus Nii Boye Boye V. Ghana Ports & Harbours Authority

Country: Ghana
Year: 2016
Court: In The Superior Court Of Judicature: In The High Court Of Justice, Industrial/Labour Division I
Citation: Suit No. INDL/53/13
Health Topics: Chronic and noncommunicable diseases, Disabilities, Occupational health
Human Rights: Freedom from discrimination, Right to favorable working conditions
Facts:

The Plaintiff, who is a doctor worked on locum basis for the Defendant, which is a corporate entity and provided medical services. The Defendant offered the post of Medical Officer to the plaintiff with the condition that he is deemed medically fit. Thereafter the Defendant withdrew the appointment offer and informed the Plaintiff that he …Read more

Tags: Diabetes, Differently abled, Disabled, Heart disease, Occupational health and safety
Download Judgment: English

Brincat and Ors. v. Malta

Country: Malta
Year: 2014
Court: European Court of Human Rights
Citation: Application Nos. 60908/11, 62110/11, 62129/11, 62312/11 and 62338/11
Health Topics: Chronic and noncommunicable diseases, Occupational health
Human Rights: Right to family life, Right to favorable working conditions, Right to life
Facts:

From 1968 to early 2003 the applicants were employees at the state-owned Malta Drydocks Corporation (MDC), where they alleged they were exposed to asbestos. The applicants also alleged that the asbestos particles settled in their clothing and were carried home, affecting their private life. Asbestos had been known to be dangerous since the 1950s, however, …Read more

Tags: Asbestos, Cancer, Industrial hygiene, Noncommunicable diseases, Occupational health and safety, Pulmonary diseases, Respiratory diseases
Download Judgment: English

Canada (Attorney General) v. Bedford

Country: Canada
Year: 2013
Court: Supreme Court
Citation: 2013 SCC 72
Health Topics: Occupational health, Poverty, Violence
Human Rights: Right to favorable working conditions, Right to liberty and security of person, Right to work
Facts:

Three applicants, who were all current or former prostitutes, challenged the constitutionality of three provisions of the Criminal Code, R.S.C. 1985. The three provisions outlawed “bawdy-houses” (also referred to as brothels), “living on the avails” (living off of a prostitutes profits), and public communication with prostitutes. Prostitution was legal in Canada, however, Parliament was allowed …Read more

Tags: Assault, Criminalization, Indigent, Job safety, Occupational hazards, Occupational health and safety, Poor, Rape, Safe working conditions, Sex workers, Sexual assault, Sexual violence, Violence against women
Download Judgment: English French

Vilnes and Ors. v. Norway

Country: Norway
Year: 2013
Court: The European Court of Human Rights
Citation: Applications nos. 52806/09 and 22703/10)
Health Topics: Chronic and noncommunicable diseases, Health information, Occupational health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life, Right to life
Facts:

The applicants were five Norwegian nationals, a Swedish national and an Icelandic national. The applicants developed health problems such as obstructive lung diseases and Post Traumatic Stress Disorder (PTSD) and became disabled. This had happened as a result of their deep diving jobs. They alleged that the working conditions and compromising safety had lead to …Read more

Tags: Awareness, Confidentiality, Disclosure, Lung disease, Neurological diseases, Noncommunicable diseases, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Pulmonary diseases, Respiratory diseases, Safe working conditions, Workers' compensation
Download Judgment: English

Case GKPI 11-2093

Country: Russia
Year: 2012
Court: Supreme Court
Health Topics: Disabilities, Disasters and emergencies, Occupational health
Human Rights: Right to social security
Facts:

The appellant contracted a disease while on a business trip to the Chernobyl region to participate in work to contain the consequences of the nuclear disaster. He sought to receive employment compensation based on the disease he acquired and his resulting disability, without submitting an official report on an accident at work or an occupational …Read more

Tags: Disabled, Handicapped, Manmade disaster, Nuclear disaster, Occupational accident, Occupational disease, Occupational health and safety, Physically challenged, Safe working conditions, Workers' compensation
Download Judgment: English Russian

Mr. Y and Mr. X v. Secretary to the Government, et al.

Country: India
Year: 2011
Court: High Court - Madras
Citation: 2011 (1) CTC 645
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination, Right to work
Facts:

Mr. Y, Petitioner No.1, was a person belonging to the backward class. He held a valid driving license and was asked to apply for an interview to the Tamil Nadu State Transport Corporation, Respondent, for the post of a driver. He was asked to submit his medical fitness certificate and certificate relating to eyesight to …Read more

Tags: HIV positive, HIV status, Occupational health and safety, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Mankayi v. AngloGold Ashanti Ltd.

Country: South Africa
Year: 2011
Court: Constitutional Court
Citation: [2011] ZACC 3; 2011 (5) BCLR 453 (CC) ; 2011 (3) SA 237 (CC) ; [2011] 6 BLLR 527 (CC) ; (2011) 32 ILJ 545 (CC)
Health Topics: Chronic and noncommunicable diseases, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to liberty and security of person, Right to social security, Right to work
Facts:

Mr Mankayi brought an action for delictual (tort) damages against AngloGold Ashanti Limited (AngloGold). While working as an underground mineworker between January 1979 and September 1995, Mr Mankayi claimed to have been exposed to harmful dusts and gases that led to his contracting tuberculosis and a chronic obstructive airway condition; these ailments rendered him unable …Read more

Tags: Employment, Lung disease, Noncommunicable diseases, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Pulmonary diseases, Respiratory diseases, TB, Tuberculosis, Workers' compensation
Download Judgment: English

Jocelyn Edwards

Country: Australia
Year: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 81 NSWLR 198; [2011] NSWSC 478
Health Topics: Chronic and noncommunicable diseases, Hospitals, Informed consent, Occupational health, Sexual and reproductive health
Human Rights: Right to property
Facts:

Jocelyn and Mark Edwards were happily married and intended to have a child. They encountered some difficulties in conceiving and consulted a fertility clinic. Both subsequently agreed to in vitro fertilization (IVF) treatment. Mark had earlier expressed the importance to him of Jocelyn having their child before he was “unable” to, which was positively supported …Read more

Tags: Assisted reproductive technology, Cancer, Clinics, Contraceptives, Fertility, In vitro fertilization, Infertility, Informed choice, Occupational accident, Public hospitals
Download Judgment: English

Case 3153/2011

Country: Spain
Year: 2011
Court: Supreme Court
Citation: STS 3153/2011
Health Topics: Infectious diseases, Occupational health
Facts:

The appellant claimed to have been infected by the Hepatitis C virus (HCV) which the appellant received during his duties as dissection technician in the Forensic Anatomical Institute in Barcelona. He was diagnosed on July 4, 1997, took sick leave in August 19, 1999, and lodged a claim for financial liability of EUR 600,000, along …Read more

Tags: Hepatitis, Job safety, Occupational accident, Occupational hazards, Workers' compensation
Download Judgment: English

Case 0028-10-TI

Country: Ecuador
Year: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 0028-10-TI, July 22, 2010
Health Topics: Disabilities, Health care and health services, Health systems and financing, Occupational health, Sexual and reproductive health
Human Rights: Right to health, Right to social security
Facts:

This case was a review of the constitutionality of the Agreement on Social Security signed between the governments of Spain and Ecuador, to provide nationals working in the companion State with the same benefits as they would receive in their home country. In Spain’s case, this required provision for temporary disability during mass outbreaks of …Read more

Tags: Access to health care, Disabled, Maternal health, Occupational accident, Occupational disease, Social security
Download Judgment: English Spanish

Case 2010-040

Country: Belgium
Year: 2010
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4859. C. C., n°2010-040
Health Topics: Occupational health, Tobacco
Human Rights: Freedom from discrimination, Right to favorable working conditions
Facts:

The applicants were three companies selling pre-packaged food items. They challenged the constitutionality of a 2009 law that restricted smoking in publically accessible closed spaces, for the protection of non-smokers and workers in such establishments. The law generally required that establishments either ban smoking or install smoking rooms. Establishments where the primary activity was serving …Read more

Tags: Occupational health and safety, Safe working conditions, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: French Flemish

Case 2010-018f

Country: Belgium
Year: 2010
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2010-018f, 25 February 2010
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to due process/fair trial
Facts:

This case was about the difference in treatment provided by the law between civil servants and employees as concerned expenses incurred by claims relating to social security. The Anvers Court of Appeal asked the Constitutional Court about the validity of article 1017, paragraph 2, of the Belgian Judicial Code in regard to articles 10 and …Read more

Tags: Employment, Occupational health and safety, Social security, Workers' compensation
Download Judgment: English French Flemish

Gerhard Schultz-Hoff v. Deutsche Rentenversicherung Bund; Stringer and Others v. Her Majesty’s Revenue and Customs

Country: Germany, United Kingdom
Year: 2009
Court: European Court of Justice
Citation: Joined Cases C-350/06 and C-520/06
Health Topics: Disabilities, Occupational health
Human Rights: Right to work
Facts:

Mr. Schultz-Hoff, an employee of Deutsche Rentenversicherung Bund (DRB) with a recognized disability, became unfit to work in September 2004 and was on continuous sick leave until the termination of his employment on September 30, 2005. On May 13, 2005, during his sick leave, Mr. Schultz-Hoff requested that he take his remaining paid annual leave …Read more

Tags: Disabled, Employment, Social security, Workers' compensation
Download Judgment: English

Miskitu Divers v. Honduras

Country: Honduras
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 121/09, Petition 1186-04, November 12, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Disabilities, Occupational health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to life
Tags: Disabled, Indigenous groups, Job safety, Occupational accident, Occupational hazards, Occupational health and safety, Safe working conditions, Workers' compensation
Download Judgment: English Spanish

Smith v. Northamptonshire County Council

Country: United Kingdom
Year: 2009
Court: House of Lords
Citation: [2009] UKHL 27
Health Topics: Occupational health
Human Rights: Right to favorable working conditions
Facts:

Jean Smith brought an action for damages against her employee, Northamptonshire Council, under the Provision and Use of Work Equipment Regulations 1998, for injuries she suffered in her employment. Ms. Smith was employed by the council as a driver and a carer. Her duties included picking up Mrs. Cotter, who was confined to a wheelchair, …Read more

Tags: Job safety, Occupational accident, Occupational hazards, Occupational health and safety, Safe working conditions, Workers' compensation
Download Judgment: English

Case MI 2090 / DF

Country: Brazil
Year: 2009
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Agenor Pereira Dias Filho v. National Congress, MI 2090 / DF, Supremo Tribunal Federal [Federal Supreme Court] (2009) (Braz.).
Health Topics: Occupational health
Human Rights: Right to social security
Facts:

The plaintiff, Agenor Pereira Dias Filho, filed an action against the National Congress before the Federal Supreme Court of Brazil, asking the Court to have §4 of article 40 of the Federal Constitution regulated. The plaintiff claimed that the nature of his work as nursing assistant subjected him to unhealthy working conditions and entitled him …Read more

Tags: Occupational hazards, Occupational health and safety, Safe working conditions
Download Judgment: English Portuguese

Case C-727/09

Country: Colombia
Year: 2009
Court: Colombian Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Plena octubre 14, 2009, M.P.: María Victoria Calle Correa, Sentencia C-727/09 (Colom.).
Health Topics: Aging, Health care and health services, Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to favorable working conditions, Right to health, Right to social security
Facts:

Petitioner Hernán Antonio Barrero Bravo brought action challenging the constitutionality of Law 860 (Reform of the Social Security System law), alleging its violation of articles 48 (principle of progressive realization), 49 (principle of non-retrogression of social rights) and 53 (principle of non-retrogression in the protection given by the previous law) of the Constitution in changing …Read more

Tags: Access to health care, Access to treatment, Aged persons, Elderly, Health expenditures, Health insurance, Health regulation, Long-term care, Older persons, Senior citizens, Social security
Download Judgment: Spanish

Torrillo, Atilio Amadeo et al. v. Gulf Oil Argentina S.A. et al.

Country: Argentina
Year: 2009
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: T. 205. XLIV.
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to favorable working conditions, Right to health
Facts:

The Plaintiffs, parents of a worker who died in a fire at his workplace, sued their son´s employer for damages. They alleged that the employer had not implemented appropriate measures to deal with situations of emergency such as the fire that caused their son’s death. The lower court accepted the claim of the Plaintiffs, awarding …Read more

Tags: Health insurance, Health regulation, Job safety, Occupational accident, Occupational hazards, Occupational health and safety, Safe working conditions, Workers' compensation
Download Judgment: English Spanish

Bangladesh National Women Lawyers Association (BNWLA) v. Government of Bangladesh, et al.

Country: Bangladesh
Year: 2009
Court: High Court
Citation: Bangl. Nat'l Women Lawyers Ass'n. v. Government of Bangl. & Ors., WP 5916 of 2008 (2008) (Bangl.).
Health Topics: Child and adolescent health, Mental health, Occupational health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The Bangladesh National Women Lawyers Association (BNWLA) filed a writ petition against the Government, seeking urgent steps to be taken to prevent sexual harassment against women at the place of work or study. On the date the petition was filed, there existed no legislative provisions protecting women from abusive behavior by men in high-level positions …Read more

Tags: Child development, Children, Job safety, Minor, Sexual harassment
Download Judgment: English

Chandran a/l Subbiah v. Dockers Marine Pte Ltd

Country: Singapore
Year: 2009
Court: Court of Appeal
Citation: [2009] SGCA 58
Health Topics: Occupational health
Human Rights: Right to favorable working conditions
Facts:

The appellant was assigned to ensure the proper alignment of the cargo containers when moving cargo containers into and out of a hatch within vessels. This required him to repeatedly enter and leave the hatch. He did so via the only means of access available to them – a metal rung ladder hanging vertically alongside …Read more

Tags: Job safety, Occupational accident, Occupational health and safety, Safe working conditions, Workers' compensation
Download Judgment: English

Federal Public Prosecutor’s Office v. Euclebe Roberto Vessoni, et al.

Country: Brazil
Year: 2008
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Federal Public Prosecutor's Office v. Euclebe Roberto Vessoni, et al., RE 541627/PA, Supremo Tribunal Federal [Federal Supreme Court] (2008).
Health Topics: Health care and health services, Health systems and financing, Occupational health
Human Rights: Right to health, Right to life
Facts:

The Federal Prosecutor’s Office filed an extraordinary appeal against the decision of the First Region Federal Court, which ruled that crimes against employees amounting to conditions analogous to slavery (crime against the organization of work), exposure to risk of life and health of such workers, the frustration of their labor rights and omission of data …Read more

Tags: Occupational hazards, Occupational health and safety, Safe working conditions
Download Judgment: English Portuguese

Case 14593

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
Download Judgment: English Spanish

Case 2008-136f

Country: Belgium
Year: 2008
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2008-136f, 21 October 2008
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination
Tags: Health insurance, Workers' compensation
Download Judgment: French Flemish

Case 2008-139f

Country: Belgium
Year: 2008
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2008-139f, 22 October 2008
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination
Tags: Health insurance, Workers' compensation
Download Judgment: French Flemish

Rothwell v. Chemical and Insulating Co. Ltd. and Anr. and other appeals

Country: United Kingdom
Year: 2007
Court: House of Lords
Citation: [2007] UKHL 39
Health Topics: Chronic and noncommunicable diseases, Mental health, Occupational health
Human Rights: Right to favorable working conditions
Facts:

A group of employees brought an action in negligence for damages against their employer, Chemical & Insulating Co, for exposure to asbestos in the course of their employment. The employees had been negligently exposed to asbestos and had as a consequence developed pleural plaques. This was the thickening of a layer of fibers on the …Read more

Tags: Asbestos, Job safety, Lung disease, Mental disability, Mental disorder, Mental illness, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Respiratory diseases, Safe working conditions, Workers' compensation
Download Judgment: English

Case 337/2007

Country: Uruguay
Year: 2007
Court: Tribunal Apelaciones Trabajo 3ºT [Labor Appeals Court, 3rd District]
Citation: DA SILVA, Alexandra v. BANK STATE INSURANCE. Writ of Amparo (F.2-13142/2007)
Health Topics: Health care and health services, Health systems and financing, Mental health, Occupational health
Human Rights: Right to health
Facts:

Appellant alleged she suffered a work-related injury resulting from her exposure to the toxic chemical Cyclohexanone causing dysphonia which left her virtually unable to speak for nine months and unable to work. Banco de Seguros del Estado (state insurance company) reviewed her case and found that she was not suffering from an occupational health disease …Read more

Tags: Access to treatment, Diagnostics, Employment, Health insurance, Mental disorder, Occupational disease, Occupational hazards, Occupational health and safety, Workers' compensation
Download Judgment: English Spanish

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland

Country: United Kingdom
Year: 2007
Court: European Court of Justice
Citation: Case C-127/05, Comm'n v. U.K., 2007 E.C.R. I-4619.
Health Topics: Health systems and financing, Occupational health
Human Rights: Right to health
Facts:

The Commission of the European Communities (Commission) brought an action against the United Kingdom for a declaration that provisions of section 2(1) of the UK Health and Safety at Work etc. Act 1974 (Act), read in conjunction with sections 33 and 47 of that Act, permitted the United Kingdom to negate its obligations under Article …Read more

Tags: Health regulation, Job safety, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Safe working conditions
Download Judgment: English

Mangesh G. Salodkar v. Monsanto Chemicals of India Ltd.

Country: India
Year: 2006
Court: High Court - Bombay
Citation: 2007 (2) BomCR 883
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
Facts:

The Respondent, Monsanto Chemicals of India, was engaged in the formulation of herbicides in India. In accordance with the Insecticide Act, 1968, the Respondent had been granted statutory approval by the Central Insecticides Board. Mangesh G. Salodkar, the Petitioner was employed at Monsanto’s establishment at Lonavala. Soon after taking voluntary retirement, he suffered a brain …Read more

Tags: Health records, Occupational disease, Occupational hazards, Occupational health and safety, Pesticide, Respiratory diseases, Workers' compensation
Download Judgment: English

Praveen Rashtrapal, I.R.S. v. Chief Officer, Kadi Municipality

Country: India
Year: 2006
Court: High Court - Gujarat
Citation: (2006) 3 GLR 1809
Health Topics: Environmental health, Health systems and financing, Occupational health, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to favorable working conditions, Right to health, Right to life
Facts:

The Petitioners, including Praveen Rashtrapal, filed this public interest litigation in the Gujarat High Court under Article 226 of the Constitution (original writ jurisdiction of High Courts). The petition was filed on behalf of sewage cleaners (cleaners) in and around the City of Ahmadabad. The Petitioners claimed that the right to life and health of …Read more

Tags: Health insurance, Occupational disease, Occupational health and safety, Sewage, Waste management
Download Judgment: English

Barker v. Corus (UK) Ltd

Country: United Kingdom
Year: 2006
Court: House of Lords
Citation: [2006] UKHL 20, [2006] 2 WLR 1027,[2006] 2 AC 572; [2006] All ER (D) 23 (May); [2006] NLJR 796
Health Topics: Chronic and noncommunicable diseases, Occupational health
Human Rights: Right to favorable working conditions
Facts:

This case was brought as a test case to examine the scope of an exception in tort law causation rules. In Fairchild v. Glenhaven Funeral Services Ltd [2002] UKHL 22 (Fairchild), the House of Lords created an exception in to the normal law of causation in torts for workers who had been exposed to asbestos dust …Read more

Tags: Asbestos, Compensation, Employment, Job safety, Lung disease, Occupational disease, Occupational hazards, Occupational health and safety, Respiratory diseases, Safe working conditions, Tort, Workers' compensation
Download Judgment: English
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