24 judgments found.

B v. Waitemata District Health Board

Country: New Zealand
Year: 2013
Court: High Court
Citation: [2013] NZHC 1702
Health Topics: Health systems and financing, Hospitals, Mental health, Tobacco
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to privacy
Facts:

In this case applicants argued that the no-smoking policy of the Waitemata District Health Board (WDHB)and the consequent prohibition of smoking in hospitals and surrounding grounds violated their right not to be subjected to torture or cruel treatment, the right to be treated with humanity, the right to respect private life, and the right to …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Health regulation, Mental disorder, Passive smoking, Psychiatry, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

World Lung Foundation- South Asia v. New Delhi Municipal Council

Country: India
Year: 2012
Court: High Court of Delhi at New Delhi
Citation: W.P.(C) 4579/2012 & CM No.9509/2012
Health Topics: Chronic and noncommunicable diseases, Tobacco
Human Rights: Right to a clean environment, Right to health
Facts:

The petitioner contended that restaurants in prohibition of Tobacco Act, 2003 and the Prohibition of Smoking in Public Places Rules, 2008 are running Hookah Bars. The petitioner prayed that the respondent be directed to incorporate in the license, compliance with the Tobacco Act as a condition.

Tags: Lung disease, Noncommunicable diseases, Passive smoking, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

Balderas Woolrich v. Mexico

Country: Mexico
Year: 2011
Court: Supreme Court
Citation: D. 587. XLIII
Health Topics: Controlled substances, Tobacco
Human Rights: Freedom from discrimination, Right of access to information, Right to health, Right to life
Facts:

The plaintiff, a Mexican national, presented an appeal for legal protection against Mexico, arguing that modifications of the General Health Law (Ley General de Salud), which controlled and regulated tobacco advertising, constituted a violation of the constitutional right to health, as enshrined in Article 4 of the Constitution and falling within the scope of Article …Read more

Tags: Contamination, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

Claudio Rodrigues Bernhardt v. Philip Morris

Country: Brazil
Year: 2011
Court: Oitava Câmara Civil do Tribunal de Justiça do Rio de Janeiro (8th Civil Chamber of the Court of Justice of Rio de Janeiro)
Citation: Claudio Rodrigues Bernhardt v. Philip Morris, No. 0000051-90.2002.8.19.0210, Oitava Câmara Civil do Tribunal de Justiça do Rio de Janeiro [8th Civil Chamber of the Court of Justice of Rio de Janeiro] (2011).
Health Topics: Controlled substances, Tobacco
Human Rights: Right to health, Right to life
Facts:

The plaintiff, Claudio Rodrigues, filed a lawsuit against the tobacco company, Souza Cruz, seeking damages for the death of his spouse, alleging that was caused by consumption of the tobacco products produced by Souza Cruz. The plaintiff argued that his spouse had been influenced into consuming the tobacco products by misleading advertisements that portrayed healthy …Read more

Tags: Compensation, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Portuguese

Eastman v. Chief Executive of the Department of Justice and Community Safety

Country: Australia
Year: 2011
Court: The Supreme Court of the Australian Capital Territory
Citation: [2011] ACTSC 33
Health Topics: Chronic and noncommunicable diseases, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to liberty and security of person
Facts:

The plaintiff in this case was convicted of murder and sentenced to life imprisonment. He was transferred to the Alexander Maconochie Centre (AMC) to serve his sentence. His concern with the centre was three fold. First he wanted an order preventing two officers at the AMC from dealing with him as their treatment (usage of …Read more

Tags: Asthma, Degrading treatment, Humiliating treatment, Imprisonment, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
Download Judgment: English

Elefteriadis v. Romania

Country: Romania
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 38427/05
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Applicant, Mr. Elefteriadis, alleged that he was exposed to second-hand smoke in crowded cells during several periods of detention, as well as in transport vehicles during frequent transfers between prison and court and in designated rooms for prisoners awaiting hearings. The applicant claimed such situations contravened Article 3 (freedom from inhuman and degrading treatment) of …Read more

Tags: Access to health care, Access to treatment, Cancer, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Lung disease, Noncommunicable diseases, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
Download Judgment: French

Case C-830/10

Country: Colombia
Year: 2010
Court: Constitutional Court of Colombia
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Plena octubre 20, 2010, M.P.: Luis Ernesto Vargas Silva, Sentencia C-830/10 (Colom.).
Health Topics: Child and adolescent health, Controlled substances, Environmental health, Health information, Public safety, Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to bodily integrity, Right to development, Right to health, Right to life
Facts:

Petioner brought action before the Constitutional Court, challenging the constitutionality of Law 1335 of 2009, which imposes a general ban on all forms of tobacco promotion, advertisement and sponsorship and in this case, its constitutionality is being questioned. It imposes bans on behaviors aimed at promoting the consumption of a particular group of goods but …Read more

Tags: Alcohol, Cancer, Child development, Contamination, Health education, Health promotion, Heart disease, Passive smoking, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

Tabacalera del Este S.A., et al. v. Poder Ejecutivo s/Amparo Constitucional

Country: Paraguay
Year: 2010
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).
Health Topics: Controlled substances, Environmental health, Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to health
Facts:

Petitioners were a consortium of tobacco companies that filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 (Protection from exposure to tobacco smoke) and 11 (Packaging and labelling of tobacco products) of the WHO Framework Convention on Tobacco Control …Read more

Tags: Advertising, Awareness, Health data, Health regulation, Passive smoking, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

World Lung Foundation South Asia v. Ministry of Health and Family Welfare

Country: India
Year: 2010
Court: High Court of Delhi at New Delhi
Citation: W.P.(C) 7540/2010
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Tobacco
Human Rights: Right to a clean environment, Right to health
Facts:

The petitioner contended that despite the Tobacco Act of 2013, which prohibits the sale of tobacco near school premises, the same was occurring. He also stated that due to the availability of tobacco products, adolescents were falling prey to the ill effects of smoking and suffered from various diseases. The petitioner stated that the tobacco …Read more

Tags: Asthma, Children, Lung disease, Minor, Passive smoking, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

Agência Nacional de Vigilância Sanitária (ANVISA) v. Philip Morris Brasil Ind. Com. Ltda.

Country: Brazil
Year: 2009
Court: Tribunal Regional da 2a Regiao (Regional Federal Court of the 2nd Region)
Citation: Agência Nacional de Vigilância Sanitária (ANVISA) v. Philip Morris Brasil Ind. Com. Ltda., No. 2009.02.01.006674-2, Tribunal Regional da 2a Regiao [Regional Federal Court of the 2nd Region] (2009).
Health Topics: Controlled substances, Tobacco
Human Rights: Freedom of expression, Right to health
Facts:

ANVISA (National Agency for Health Surveillance), brought action seeking a review of the lower court’s decision allowing Phillip Morris to refrain from placing the health warnings on the packaging of its tobacco products as required by Resolution 54/2008. The plaintiff alleged that failure to follow the tobacco-control regulation requiring tobacco companies to place a warning …Read more

Tags: Contamination, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Portuguese
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