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93 judgments found.
Country:
Guatemala Year: 2010
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional, accumulated Case Nos. 335-92 and 359-92, May 12, 1993
Health Topics:
Controlled substances,
Health systems and financing,
Medicines,
Public safety Human Rights: Right to health Facts: This case was an unconstitutionality action brought by the Guatemalan Association of Pharmacists and Chemists et al. challenging the Liberalization of Importation of Medicines Act. The claimants argued that the Act’s elimination of requirements for imported medicines such as expiration dates, instructions in Spanish, and required government testing violated constitutional competition provisions, intellectual property and …Read more
Tags: Access to drugs,
Access to medicines,
Addiction,
Drug quality,
Drug safety,
Generic drugs,
Health regulation,
Intellectual property,
Labeling,
Manufacturing,
Patents,
Pharmaceuticals,
Pricing
Country:
Argentina Year: 2010
Court: Supreme Court of Justice [Corte Suprema Justicia de la Nación Argentina]
Citation: L. 1301. XLI.
Health Topics:
Medicines,
Public safety Human Rights: Right to property,
Right to work Facts: The National Administration of Drugs, Foods and Medical Devices [ANMAT] fined the Laboratorio Welt S.A and its director to (ARS 20 000) twenty thousands and (ARS 10 000) ten thousands Argentine pesos for violating articles 2 and 19.b of law 16.463 and article 9 from decree 150/92. The laboratory did not comply with resolution 1930/95 …Read more
Tags: Health regulation,
Medicines,
Safety regulation
Country:
China Year: 2010
Court: Hong Kong Special Administrative Region Court of Appeal
Citation: [2010] HKCFI 431
Health Topics:
Diet and nutrition,
Infectious diseases,
Public safety,
Water, sanitation and hygiene Human Rights: Right to a clean environment,
Right to food,
Right to property Facts: The appellant, Asaduzzaman, was charged with contravening s.30AA of the Food Business Regulation, Cap. 132, which prohibits a permittee of a fresh provision shop license from allowing live poultry on the premises between 8:00PM of each day to 5:00AM the next day. On the evening of 4 September 2008, Asaduzzaman took four live chickens from …Read more
Tags: Avian influenza,
Cleanliness,
Food,
Food safety,
Food-borne diseases,
Safety regulation
Country:
Canada Year: 2010
Court: The Supreme Court of Canada
Citation: 2010 SCC 22
Health Topics:
Hospitals,
Mental health,
Public safety,
Violence Human Rights: Freedom of movement and residence,
Right to liberty and security of person Facts: The accused was found not guilty by reason of insanity on a charge of sexual assault with a weapon in 1983. He was subsequently detained in numerous mental health facilities. Before his annual review hearing in 2006 was held, the accused alleged that the centre in which he was detained had violated his constitutional rights …Read more
Tags: Assault,
Compulsory commitment,
Compulsory confinement,
Health facilities,
Insanity,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disorder,
Mental illness,
Psychiatry,
Psychology,
Rape,
Sexual abuse,
Sexual assault,
Sexual violence,
Threat of violence,
Violence against women
Country:
New Zealand Year: 2009
Court: High Court
Citation: [2009] NZHC 545
Health Topics:
Mental health,
Public safety Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to liberty and security of person Facts: The appellant, VM, challenged a renewal of her detention under a compulsory care order governed by the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (the “Act”). In 2005, the appellant was charged with possession of a knife in a public place when she became fixated on one of her care workers and showed up …Read more
Tags: Community-based care,
Compulsory commitment,
Health care professionals,
Health care workers,
Incapacity,
Involuntary commitment,
Mandatory commitment,
Mental competence,
Mental disability,
Mental institution,
Psychology
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:
Russia Year: 2009
Court: Supreme Court
Health Topics:
Informed consent,
Mental health,
Public safety Human Rights: Right of access to information,
Right to due process/fair trial,
Right to liberty and security of person Facts: O. was released from criminal responsibility for violating Article 105 of the Criminal Code of the Russian Federation (relating to a contract killing) because the Supreme Court of the Republic of Bashkortostan determined that O. had committed the act in a state of insanity. O. was sentenced to compulsory outpatient observance and treatment by a …Read more
Tags: Community-based care,
Compulsory commitment,
Compulsory treatment,
Insanity,
Involuntary commitment,
Involuntary treatment,
Mandatory commitment,
Mandatory treatment,
Mental disorder,
Mental illness,
Mental institution,
Psychiatry,
Psychology,
Threat of violence
Country:
Ecuador Year: 2009
Court: Constitutional Court [Corte Constitucionalpara el Período de Transición]
Citation: Corte Constitucional para el Período de Transición, Sentence No. 0002 – 09- SEE – CC, Case No. 0002-09-EE, May 5, 2009
Health Topics:
Infectious diseases,
Public safety Human Rights: Freedom of association,
Freedom of movement and residence Facts: This decision addressed the power of the Ecuadorian executive to curtail the rights to freedom of movement, meeting and association by issuing a state of emergency aimed at preventing an outbreak of the swine flu virus, defined as a global threat by the World Health Organization. The Constitutional President of the Republic of Ecuador, Mr. …Read more
Tags: Influenza
Country:
Cameroon Year: 2009
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 266/03
Health Topics:
Public safety Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of association,
Right to development,
Right to due process/fair trial,
Right to liberty and security of person,
Right to life,
Right to participation Facts: The complainants were South Cameroonian citizens who alleged a variety of human rights violations done by Cameroon and were seeking the right to secede and form their own state. In 1961, the United Nations Trust System held a plebiscite that allowed South Cameroonians to join Cameroon or Nigeria but not to form their own country. …Read more
Tags: Police,
Terrorism
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:
China Year: 2008
Court: High People's Court of Jiangsu Province
Health Topics:
Medicines,
Public safety Facts: The defendant appealed a decision from the Intermediate People’s Court of Taizhou City, Jiangsu Province (the “Intermediate Court”) finding him guilty of: (1) endangering public security by dangerous means; (2) selling counterfeit or fake products; and (3) falsely declaring registered capital. In 2005, the defendant used a counterfeited business license to develop a relationship with …Read more
Tags: Drug quality,
Drug safety,
Drug testing,
Manufacturing,
Safety regulation,
Spurious medicines
Country:
Italy Year: 2008
Court: European Court of Human Rights
Citation: Application no. 37201/06
Health Topics:
Public safety,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to family life,
Right to liberty and security of person,
Right to life Facts: The applicant was a Tunisian national who was arrested on 9 October 2002 on suspicion of involvement in international terrorism. He was charged with (1) conspiracy to commit acts of violence in States other than Italy with the aim of spreading terror, (2) falsification of “a large number of documents such as passports, driving licences …Read more
Tags: Armed conflict,
Asylum,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Immigrants,
Immigration,
Inhuman treatment,
Migrants,
Refugee,
Terrorism,
Threat of violence,
Torture
Country:
South Korea Year: 2008
Court: Constitutional Court
Citation: 22-1(A) KCCR 36
Health Topics:
Prisons,
Public safety,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to liberty and security of person,
Right to life Facts: The petitioner was charged with murder of four people and the sexual assault of three women. The Gwangju District Court sentenced the petitioner to the death penalty in accordance with Article 250 Section 1 of the Criminal Act and Article 10 Section 1 of the Former Special Act on Punishment of Sex Crimes and Victim …Read more
Tags: Cruel and unusual punishment,
Degrading treatment,
Execution,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhumane treatment,
Law enforcement,
Rape,
Sexual assault,
Sexual violence,
Threat of violence
Country:
Russia Year: 2007
Court: European Court of Human Rights
Citation: Application Nos. 53157/99, 53247/99, 53695/00 and 56850/00
Health Topics:
Chronic and noncommunicable diseases,
Environmental health,
Public safety Human Rights: Right to a clean environment,
Right to family life,
Right to housing Facts: The four applicants alleged that pollution levels near their homes violated their right to respect for their private and family life under Article 8 of the European Convention on Human Rights (“Convention”). All the applicants lived within a “sanitary security zone” around a local steel plant and were exposed to concentrations of dangerous substances above …Read more
Tags: Air pollution,
Air safety,
Contamination,
Environmental degradation,
Environmental hazards,
Industrial waste,
Lung disease,
Noncommunicable diseases,
Pollution,
Pulmonary diseases,
Respiratory diseases,
Safety regulation
Country:
United States Year: 2007
Court: The United States Court of Appeals for the District of Columbia Circuit
Citation: ABIGAIL ALLIANCE FOR BETTER ACCESS TO DEVELOPMENTAL DRUGS AND WASHINGTON LEGAL FOUNDATION, APPELLANTS v. ANDREW VON ESCHENBACH, IN HIS OFFICIAL CAPACITY AS COMMISSIONER, FOOD AND DRUG ADMINISTRATION AND MICHAEL O. LEAVITT, IN HIS OFFICIAL CAPACITY AS SECRETARY, U.S. DEPT. OF HEALTH AND HUMAN SERVICES, APPELLEES
Health Topics:
Chronic and noncommunicable diseases,
Medicines,
Public safety Human Rights: Right to liberty and security of person Facts: Abigail Alliance for Better Access to Developmental Drugs (the Alliance) was an organization that advocated for an expanded access for terminally ill patients of experimental drugs that weren’t yet approved by the Food and Drug Administration (FDA), due to the fact that the drug approval process required clinical trials of three to four phases to …Read more
Country:
India Year: 2006
Court: High Court - Gujarat
Citation: (2007) 1 GLR 796
Health Topics:
Child and adolescent health,
Health care and health services,
HIV/AIDS,
Infectious diseases,
Poverty,
Prisons,
Public safety,
Sexual and reproductive health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to family life,
Right to health,
Right to liberty and security of person,
Right to life,
Right to privacy Facts: The petitioner was challenging an order of detention for allegedly engaging in trafficking of women and girls. The grounds of the order were that petitioner was an “immoral traffic offender” which is “a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, …Read more
Tags: AIDS,
Assault,
Children,
Contraception,
Criminalization,
Custody,
Detention,
Examination,
Family planning,
HIV,
Minor,
Poor,
Sex workers,
Sexual abuse,
Sexual assault,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Testing,
Underprivileged
Country:
Philippines Year: 2006
Court: Supreme Court
Citation: G.R. No. 145328
Health Topics:
Chronic and noncommunicable diseases,
Environmental health,
Public safety Human Rights: Right to health,
Right to life Facts: In 1996, the National Power Corporation (NPC) began building towers to support high tension cables for a power transmission project. The transmission lines ran through the Dasmarinas Village, where the Petitioners lived. The Petitioners, fearing the health effects of the towers, discovered studies linking high rates of cancer and other illnesses with exposure to electromagnetic …Read more
Tags: Cancer,
Environmental hazards,
Leukemia,
Noncommunicable diseases,
Radiation
Country:
United Kingdom Year: 2006
Court: Supreme Court of Judicature, Queen's Bench Division, Divisional Court
Citation: [2006] EWHC 972 (Admin)
Health Topics:
Diet and nutrition,
Mental health,
Prisons,
Public safety,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to liberty and security of person Facts: The claimants were three men detained in Guantanamo Bay prison and their families. None of the claimants were British nationals, but each had been a long-term resident of the United Kingdom and two had family members who were UK citizens. Two of the claimants were refugees who has received asylum in the UK. Whilst in …Read more
Tags: Abuse,
Armed conflict,
Asylum,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Depression,
Detainee,
Detention,
Humiliating treatment,
Hunger strike,
Immigration,
Inhuman treatment,
Jail,
Migrants,
Military,
Prison conditions,
Refugees,
Sexual abuse,
Solitary confinement,
Terrorism,
Threat of violence,
Torture
Country:
Netherlands Year: 2006
Court: Afdeling bestuursrechtspraak van de Raad van State (Administrative Jurisdiction Department of the Council of State)
Citation: 11 October 2006, nr200600633/1, LJN:AY9897
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Medicines,
Public safety,
Sexual and reproductive health Facts: According to the Benefit Entitlement Act (“BEA”), health care providers who offer medically necessary care to illegal immigrants must be compensated for their expenses. To achieve this, the BEA increased the budget of the Ministry of Health, Welfare and Sports (“the Ministry”). Instead of managing the compensation fund itself, the Ministry appointed the Foundation Koppeling …Read more
Tags: Access to health care,
Access to treatment,
Asylum,
Childbirth,
Emergency care,
Health expenditures,
Health funding,
Health spending,
Immigrants,
Immigration,
Indigent,
Pediatric health,
Poor,
Pregnancy,
Refugees,
Reimbursement,
Subsidies,
Threat of violence,
Underprivileged,
Vaccination
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
Country:
Ecuador Year: 2006
Court: Constitutional Tribunal [Tribunal Constitucional]
Citation: Tribunal Constitucional, Caso No. 0371-04-RA, publicado en el Suplemento al Registro Oficial No. 274, 19 de mayo de 2006.
Health Topics:
Environmental health,
Public safety Human Rights: Right to a clean environment,
Right to water and sanitation Facts: This case was originally brought before the First Chamber of the Contentious Administrative Tribunal by a group of organizations of the Amazon Basin in Ecuador who were challenging the fact that Colombia was fumigating with glyphosate (within their plan to eradicate coca) within a 10-km strip from the border of Colombia and Ecuador. The organizations …Read more
Tags: Air pollution,
Air safety,
Environmental degradation,
Environmental hazards,
Herbicide,
Pesticide,
Pollution,
Water pollution,
Water safety
Country:
Turkey Year: 2005
Court: European Court of Human Rights
Citation: Application No. 36220/97; (2006) 43 EHRR 37
Health Topics:
Environmental health,
Public safety,
Water, sanitation and hygiene Human Rights: Right to a clean environment,
Right to due process/fair trial Facts: Ten Turkish nationals filed suit against the Republic of Turkey alleging violation of their right to a fair hearing under the Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”). Plaintiffs alleged administrative authorities had failed to enforce court orders to shut down three thermal power plants in …Read more
Tags: Air pollution,
Air safety,
Biosafety,
Environmental degradation,
Environmental hazards,
Industrial waste,
Law enforcement,
Pollution,
Waste,
Waste management,
Water safety
Country:
Russia Year: 2005
Court: European Court of Human Rights
Citation: App. No. 55723/00, Eur. Ct. H.R. 376 (2005).
Health Topics:
Environmental health,
Mental health,
Public safety Human Rights: Right to a clean environment,
Right to housing,
Right to privacy Facts: The applicant was a Russian national who lived in Cherepovets, a major steel-producing centre. The Severstal steel plant was built in Soviet times and owned originally by the Ministry of Black Metallurgy of the Russian Soviet Federative Socialist Republic (RSFSR). In her application against the Russian Federation under Article 34 of the Convention for the …Read more
Tags: Air pollution,
Air safety,
Biohazard,
Biosafety,
Contamination,
Environmental degradation,
Environmental hazards,
Industrial waste,
Pollution,
Safety regulation,
Toxic waste
Country:
Sweden Year: 2005
Court: European Court of Human Rights
Citation: [2005] E.C.H.R. 56529/00
Health Topics:
Child and adolescent health,
Controlled substances,
Health care and health services,
Health information,
HIV/AIDS,
Hospitals,
Infectious diseases,
Mental health,
Public safety,
Sexual and reproductive health Human Rights: Right to liberty and security of person Facts: The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more
Tags: Addiction,
AIDS,
Alcohol,
Children,
Clinics,
Compulsory commitment,
Compulsory confinement,
Condoms,
Counseling,
Disclosure,
Gay,
HIV,
HIV positive,
Homosexual,
Involuntary commitment,
Involuntary confinement,
Isolation,
LGBTI,
Mandatory commitment,
Mandatory confinement,
Mental disorder,
Mental illness,
Paranoia,
People living with HIV/AIDS,
PLHIV,
Public hospitals,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Substance abuse,
Transmission
Country:
Argentina Year: 2005
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 2413. XXXIX.
Health Topics:
Environmental health,
Public safety Human Rights: Right to a clean environment,
Right to due process/fair trial,
Right to health,
Right to property Facts: The plaintiff, Asociación Vecinal Belgrano C Manuel Belgrano, filed a guarantee of protection of individual constitutional rights (amparo protection) against the Government of the City of Buenos Aires and Metrovías S.A so that they performed the corresponding measures to stop the noise pollution generated in the Metro C and Metro D, that damaged the passengers health. …Read more
Tags: Air pollution,
Environmental health,
Noise Pollution,
Right to Health,
Right to Property
Country:
India Year: 2004
Court: High Court - Rajasthan
Citation: RLW 2005 (1) Raj 486; 2005 (1) WLC 52
Health Topics:
Chronic and noncommunicable diseases,
Diet and nutrition,
Environmental health,
Health information,
Public safety,
Water, sanitation and hygiene Human Rights: Freedom of expression,
Right of access to information,
Right to life,
Right to water and sanitation Facts: The case concerned a claim that the sale of PepsiCo and Coca-Cola carbonated beverages should be banned on the account that they are contaminated with pesticide residue and suspended impurities and are therefore harmful to human life. The petitioners relied on the report published by the Centre for Science and Environment (“CSE”), which conducted an …Read more
Tags: Awareness,
Cancer,
Clean water,
Disclosure,
Food,
Food poisoning,
Food safety,
Freedom of information,
Pesticide,
Poisoning,
Potable water,
Safe drinking water