19 judgments found.

Mossville Environmental Action Now v. United States

Country: United States
Year: 2010
Court: Inter-American Commission on Human Rights
Citation: Report No. 43/10, Petition 242-05, March 17, 2010
Health Topics: Chronic and noncommunicable diseases, Environmental health
Human Rights: Freedom from discrimination, Right to a clean environment, Right to family life, Right to health, Right to life, Right to property
Facts:

This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration) and the American Convention on Human Rights (the Convention), including protection of the right to health and equality before law. Mossville, Louisiana is a …Read more

Tags: Biohazard, Biosafety, Cancer, Contamination, Heart disease, Industrial waste, Lung disease, Neurological diseases, Poisoning, Pollution, Pulmonary diseases, Respiratory diseases, Skin disease, Toxic waste
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Community of La Oroya v. Peru

Country: Peru
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 76/09, Petition 1473-06, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Health care and health services, Sexual and reproductive health
Human Rights: Freedom of expression, Right to a clean environment, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to privacy
Facts:

Petitioners alleged that environmental pollution from a metallurgical complex in La Oroya, Peru caused a series of violations of the rights of community members. They alleged Peru was guilty by act and omission for its failure to control the metallurgical complex; its lack of supervision of the facility’s operation; and its failure to adopt measures …Read more

Tags: Access to health care, Access to treatment, Asthma, Biohazard, Biosafety, Cancer, Child development, Child mortality, Children, Contamination, Diagnostics, Heart disease, Industrial waste, Infant health, Infant mortality, Infertility, Kidney disease, Lung disease, Maternal health, Minor, Neurological diseases, Poisoning, Pollution, Respiratory diseases, Skin disease, Toxic waste
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Miguel Ignacio Fredes Gonzalez and Ana Andrea Tuczek Fries v. Chile

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
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Pablo Miguel, et al. v. Ministerio de Salud y la Dirección General de Salud Ambiental (DIGESA)

Country: Peru
Year: 2006
Court: Tribunal Constitucional (Constitutional Court)
Citation: Martínez, Pablo Miguel Fabián y Otros v. Ministerio de Salud y la Dirección General de Salud Ambiental (DIGESA), May 12, 2006, Sentencia 2002-2006-PC/TC (Peru).
Health Topics: Child and adolescent health, Disasters and emergencies, Environmental health, Health care and health services
Human Rights: Right to a clean environment, Right to development, Right to health, Right to life
Facts:

Petitioners filed a Writ of Mandamus action against the Ministry of Health and DIGESA (the General Directorate of Environmental Health) before the Superior Court of Justice of Lima, requesting that the court order Respondents to design and implement a strategy for public health emergencies for the city of La Oroya, pursuant to articles 96, 97, …Read more

Tags: Air pollution, Biohazard, Child development, Children, Contamination, Environmental hazards, Infant health, Poisoning, Pollution, Precautionary principle
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Fadeyeva v. Russia

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
Download Judgment: English

Gbemre v. Shell Petroleum Development Company and Others

Country: Nigeria
Year: 2005
Court: High Court, Benin Division
Citation: Suit No. FHC/B/CS/53/05; (2005) AHRLR 151 (NgHC 2005)
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health care and health services, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life
Facts:

Applicants, residents of Iwherekan community in the Delta State of Nigeria, applied for an order enforcing their fundamental right to life and dignity of human person as provided by sections 22(1) and 34(1) of the Constitution of the Federal Republic of Nigeria, 1999 (the “Constitution”) and articles 4, 16, and 24 of the African Charter …Read more

Tags: Access to health care, Access to treatment, Air pollution, Asthma, Biohazard, Biosafety, Cancer, Clean water, Climate change, Contamination, Environmental degradation, Environmental hazards, Global warming, Indigent, Low income, Lung disease, Poisoning, Pollution, Poor, Respiratory diseases, Safe drinking water, Toxic waste, Water pollution
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Taskin and Ors. v. Turkey

Country: Turkey
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 46117/99; (2006) 42 EHRR 50
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to due process/fair trial, Right to family life, Right to life, Right to privacy
Facts:

The applicants lived in the area near Ovacik where the Normandy Madencilik A.Ş company built a gold mine.  The Ministry of Energy and Natural Resources issued a permit for the mine in 1992 for ten years. The Ministry also authorized the use of cyanide leaching during the gold extraction. Following the Environmental Act, the Ministry …Read more

Tags: Biohazard, Biosafety, Clean water, Contamination, Environmental degradation, Environmental hazards, Industrial waste, Law enforcement, Poisoning, Pollution, Toxic waste, Waste, Waste management, Water pollution
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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
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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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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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