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36 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

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

Case D-358/2009

Country: Belarus
Year: 2011
Court: Constitutional Court
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to education, Right to favorable working conditions, Right to food, Right to health, Right to housing, Right to social security, Right to work
Facts:

Exercising its obligatory preliminary control powers, the Constitutional Court of the Republic of Belarus considered the constitutionality of the Law of the Republic of Belarus on Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Social Protection of the Disabled People (the Law). The law made amendments and additions to previous …Read more

Tags: Aged persons, Disabled, Elderly, Handicapped, Health funding, Informed choice, Long-term care, Non-consensual testing and treatment, Older persons, Patient choice, Physically challenged, Senior citizens, Social security
Download Judgment: English Belarusian

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

Wong v. Commonwealth

Country: Australia
Year: 2009
Court: High Court
Citation: (2009) 236 CLR 573; [2009] HCA 3
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to favorable working conditions, Right to health, Right to social security, Right to work
Facts:

Wong and Selim were “vocationally registered general practitioner(s)” within s 3F of the Health Insurance Act 1973 (Cth) (the Act). Both were found to have engaged in “inappropriate practice” by a Professional Services Review Committee (the Committee) established under Pt VAA (ss 80-106ZR) of the Act. The effect of the Committee’s findings was to require …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Compensation, Employment, Health funding, Health insurance, Health regulation, Inadequate treatment, Inappropriate treatment, Military, Out-of-pocket expenditures, Reimbursement, Social security, Subsidies
Download Judgment: English

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 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

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

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

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

Case 2006-147

Country: Belgium
Year: 2006
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 3842. C. C., n°2006-147, 28 September 2006
Health Topics: Occupational health
Human Rights: Right to favorable working conditions
Facts:

The region of Wallonia brought a claim before the Court challenging a 1996 Royal Decree limiting the stocking of inflammable and combustible products in the workplace. The Decree created a law to address safety concerns in stocking such products and protect the well-being of all workers in the worksite. The applicant challenged the jurisdictional validity …Read more

Tags: Industrial hygiene, Job safety, Occupational hazards, Occupational health and safety, Safe working conditions
Download Judgment: French Flemish

Banda v. Lekha

Country: Malawi
Year: 2005
Court: Industrial Relations Court
Citation: Matter No. IRC 277 OF 2004; [2005] MWIRC 44
Health Topics: Health care and health services, HIV/AIDS
Human Rights: Freedom from discrimination, Right to favorable working conditions
Facts:

The Respondent, Lekha, dismissed the Applicant, Banda, from employment for reasons related to the Applicant’s health. The Applicant was dismissed “immediately and without any formality” after she attended “HIV Voluntary Counselling and Testing” and tested positive for HIV. The Applicant claimed that during her employment she had never been incapacitated as a result of her …Read more

Tags: Employment, HIV, HIV positive, HIV status, Testing
Download Judgment: English

Marangopoulos Foundation for Human Rights (MFHR) v. Greece

Country: Greece
Year: 2005
Court: European Committee of Social Rights
Citation: Complaint No.30/2005
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Occupational health
Human Rights: Right to favorable working conditions, Right to health
Facts:

The plaintiff alleges that Greece failed to comply with its obligation to protect public health against air pollution of the  European Social Charter by allowing the operate of lignite mines and power stations without taking all necessary steps to reduce this impact. The MFHR bases its claim on studies of particulate matter that show that …Read more

Tags: Air pollution, Asthma, Awareness, Environmental degradation, Health education, Job safety, Lung disease, Occupational accident, Occupational health and safety, Pollution, Safe working conditions, Workers' compensation
Download Judgment: English

Stamen Filipov to the Constitutional Court

Country: Macedonia
Year: 2004
Court: Constitutional Court
Citation: 112/2003-0-0
Health Topics: Health care and health services, Hospitals
Human Rights: Right to favorable working conditions, Right to health
Facts:

The Petitioner, Stamen Filipov, challenged a provision regulating right to strike for employees in health care organizations from the Law on Health Care (the Law). The provision stipulated that health care workers had a right to strike as long as doing so did not risk the life and health of citizens. Accordingly, it laid down …Read more

Tags: Access to health care, Access to treatment, Emergency care, Employment, Health care professionals, Health care workers, Health facilities
Download Judgment: English Macedonian

Aquino, Isacio v. Cargo Servicios Industriales S.A.

Country: Argentina
Year: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 2652. XXXVIII
Health Topics: Disabilities, Occupational health
Human Rights: Right to favorable working conditions, Right to health
Facts:

A 29-year-old construction worker fell 10 meters from veneer roof while at work, rendering him permanently and totally disabled. No safety devices were provided by the employer, including a net or other protection mechanism to protect workers from falls.  The worker brought an action challenging the constitutionality of Article 39(1) of the Occupational Risks Law …Read more

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

Seenath Beevi v. State of Kerala

Country: India
Year: 2003
Court: High Court - Kerala
Citation: 2003 (3) KLT 788
Health Topics: Hospitals, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
Facts:

The Petitioner, Seenath Beevi, was the head nurse at a government hospital in Kerala. She worked 14 hours a day, six days a week because shift duties were not available at the hospital. The government had introduced a “3 shift system” in some hospitals with the aim of limiting working hours to 8 hours per …Read more

Tags: Public hospitals, Safe working conditions
Download Judgment: English

Malawi African Association, et al. v. Mauritania

Country: Mauritania
Year: 2000
Court: African Commission on Human and Peoples' Rights
Citation: (2000) AHRLR 149 (ACHPR 2000); Communications 54/91, 61/91, 98/93, 164-196/97 and 210/98
Health Topics: Diet and nutrition, Disasters and emergencies, Health care and health services, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to due process/fair trial, Right to family life, Right to favorable working conditions, Right to food, Right to health, Right to liberty and security of person, Right to life, Right to property, Right to work, Rights to the benefits of culture
Facts:

Six communications jointly alleged that the Mauritanian state committed numerous human rights violations from 1986 to 1992. Specifically, the communications alleged that the State violated articles 2, 4, 5, 6, 7, 9, 10, 11, 12, 14, 16, 18, 19, and 26 of the African Charter on Human and Peoples’ Rights (“the Charter”), which came into …Read more

Tags: Abuse, Access to health care, Armed conflict, Cleanliness, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Forced displacement, Humanitarian crisis, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Malnutrition, Military, Prison conditions, Rape, Refugees, Solitary confinement, Starvation, Torture
Download Judgment: English

Rae v. Strathclyde Joint Police Board

Country: United Kingdom
Year: 1999
Court: Scottish Court of Sessions
Citation: [1999] ScotCS 70
Health Topics: Chronic and noncommunicable diseases, Health information, Occupational health, Tobacco
Human Rights: Right to favorable working conditions
Facts:

Agnes Rae was passively exposed to cigarette smoke as a civilian employee at the Wishaw Police office during 1979 to 1994. She became ill as a result of this exposure. The Strathclyde Regional Council were the largest employer in Scotland at the time of this matter, and employed their own Occupational Health Department. In 1999, …Read more

Tags: Awareness, Duty of care, Employment, Lung disease, Occupational disease, Occupational hazards, Occupational health and safety, Passive smoking, Safe working conditions, Second-hand smoke, Smoking, Standard of care
Download Judgment: English

International Commission of Jurists v. Portugal

Country: Portugal
Year: 1999
Court: European Committee of Social Rights
Citation: Complaint No. 1/1998
Health Topics: Child and adolescent health, Occupational health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to favorable working conditions
Facts:

The International Commission of Jurists (ICJ) alleged that a large number of children work illegally in many economic sectors in Portugal. It further stated that the poor working conditions these children are subjected to have a serious impact on their health. The ICJ produced several documents and relied particularly on a report which stated that …Read more

Tags: Child development, Child mortality, Children, Informal economy, Job safety, Minor, Occupational hazards, Occupational health and safety, Safe working conditions
Download Judgment: English

M.C. Mehta v. State of Tamil Nadu and others

Country: India
Year: 1996
Court: Supreme Court
Citation: AIR 1997 SC 699; (1996) 6 SCC 756; 1996 (9) SCALE 42; JT 1996 (11) SC 685
Health Topics: Child and adolescent health, Occupational health
Human Rights: Right to education, Right to favorable working conditions, Right to work
Facts:

The Petitioner was an individual concerned about the high rate of employment of children in the Match factories of Sivakasi in Kamaraj District of Tamil Nadu State. He contended that such employment was hazardous and unconstitutional. Being aggrieved, he filed a writ petition under Article 32 of the Constitution. The Respondent Government did not deny …Read more

Tags: Child development, Child labor, Children, Minor
Download Judgment: English

Kirloskar Brothers Ltd. v. Employees State Insurance Corp.

Country: India
Year: 1996
Court: Supreme Court
Citation: (1996) 1 SCR 884; (1996) 2 SCC 682; JT 1996 (2) 159; 1996 SCALE (2)1
Health Topics: Health systems and financing, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
Facts:

Kirloskar Brothers Ltd., the Appellant, had its registered office in Maharashtra with regional offices in Karnataka and Andhra Pradesh. The Employees State Insurance Corporation, the Respondent, required the Appellant to contribute their share for their workmen’s health insurance, as required by Section 3(9) of the Employees’ State Insurance Act, 1948 (the Act). Disputing the liability, …Read more

Tags: Health insurance
Download Judgment: English

Doe v. SEPTA

Country: United States
Year: 1995
Court: 3rd Circuit Court of Appeal
Citation: 72 F.3d 1133 (1995)
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to privacy
Facts:

The Appellant, Doe, was an HIV-positive employee of Respondent SEPTA. Doe brought this constitutional challenge after SEPTA reviewed his prescription drug records for the purpose of monitoring its employee prescription plan. Doe claimed that SEPTA infringed his right to privacy implicit in the right to due process in the Fourteenth Amendment to the Constitution. Doe …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Health information, HIV, HIV positive, HIV status, Medical records, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Consumer Education and Research Centre, et al. v. Union of India and Others

Country: India
Year: 1995
Court: Supreme Court of India
Citation: Consumer Educ. & Research Ctr. v. Union of India, 1995 S.C.C. (3) (India).
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life, Right to social security
Facts:

The Consumer Education and Research Center filed several writ petitions against the State of India under Article 32 (obligation to promote social justice and welfare of the people) of the Indian Constitution regarding the protection of workers against the occupational health hazards and diseases associated with asbestos exposure. The petitioner applied for remedial measures to …Read more

Tags: Asbestos, Health insurance, Occupational hazards, Occupational health and safety, Safe working conditions, Workers' compensation
Download Judgment: English

Case 152

Country: Nicaragua
Year: 1992
Court: Supreme Court of Justice
Citation: Corte Supreme de Justicia, ELECTROQUIMICA PESADA S.A. c. Ministro de Economía y Desarrollo, y otros,
Health Topics: Chronic and noncommunicable diseases, Environmental health, Occupational health, Public safety
Human Rights: Right to a clean environment, Right to favorable working conditions, Right to work
Facts:

Electroquimica Pesada S.A. (the “Company”), was operating with outdated equipment and was releasing emissions of chlorine and other noxious gases into the environment that posed harm to both its employees as well as the residents of Nicaragua.  The Company was required to shut down its operations by a series of orders issued by the Minister …Read more

Tags: Air pollution, Air safety, Asthma, Environmental hazards, Lung disease, Occupational hazards, Occupational health and safety, Pollution, Pulmonary disease, Safe working conditions
Download Judgment: English Spanish

C.E.S.C. Ltd. v. Subhash Chandra Bose and Ors

Country: India
Year: 1991
Court: Supreme Court
Citation: 1992 AIR 573; 1991 SCR Supl. (2) 267; MANU/SC/0466/1992
Health Topics: Health systems and financing, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
Facts:

Calcutta Electricity Supply Corporation (India) Ltd. (CESC), the Appellant, engaged contractors (the Respondents), including Mr. Subhash Chandra Bose, to provide “excavation, conversion of overhead electric lines and laying of underground cables under public roads, as well as for repair and maintenance.” The Regional Director of the Employees State Insurance Corporation (ESIC) notified the Appellant that …Read more

Tags: Health insurance, Occupational hazards, Occupational health and safety, Workers' compensation
Download Judgment: English
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