71 judgments found.

Community of San Mateo de Huanchor v. Peru

Country: Peru
Year: 2004
Court: Inter-American Commission on Human Rights
Citation: Report No. 69/04, Case 504/03, October 15, 2004; OEA/Ser.L/V/II.122 Doc. 5 rev. 1 at 487, 23 February 2005
Health Topics: Child and adolescent health, Environmental health
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to bodily integrity, Right to family life, Right to life, Right to participation, Right to property
Facts:

This report addresses the admissibility of a petition that alleged Peru failed to fulfill its obligations under the American Convention on Human Rights (the Convention). The Petitioner was the National Coordinator of Communities of Peru Affected by Mining (CONACAMI), representing members of the Community of San Mateo de Huanchor, in their claim that the State …Read more

Tags: Child development, Children, Contamination, Indigenous groups, Minor, Pediatric health, Pollution, Toxic waste
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Moreno Gómez v. Spain

Country: Spain
Year: 2004
Court: European Court of Human Rights
Citation: App. No. 4143/02, 41 Eur. H.R. Rep. 40 (2005).
Health Topics: Environmental health, Health care and health services
Human Rights: Right to privacy
Facts:

The applicant, a Spanish national, complained of noise disturbances at night bars, pubs and discotheques near her home in Valencia. An expert report confirmed that the noise levels were unacceptably high. The City Council designated her area an “acoustically saturated zone”, thereby imposing a ban on new noisy activities. Despite the ban, the City Council …Read more

Tags: Pollution
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Öneryildiz v. Turkey

Country: Turkey
Year: 2004
Court: European Court of Human Rights
Citation: Application No. 48939/99; (2005) 41 EHRR 20; [2004] ECHR 657; 18 BHRC 145, (2005); [2004] Inquest LR 108
Health Topics: Disasters and emergencies, Environmental health, Health information, Poverty, Water, sanitation and hygiene
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life, Right to housing, Right to life
Facts:

A household-rubbish tip, or dump, was created in the Ümraniye district of Istanbul. Illegal dwellings were constructed around the rubbish tip. A report found that the rubbish tip posed health risks and the possibility of explosion. In April 1993 there was a methane explosion which triggered a landslide. Nine of the applicants’ family members were …Read more

Tags: Awareness, Cleanliness, Cleansliness, Contamination, Environmental hazards, Forced displacement, Garbage, Indigent, Law enforcement, Low income, Manmade disaster, Pollution, Poor, Sewage, Trash, Underprivileged, Waste, Waste management
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Republic of Kenya v. Ministry for Transport and Communication, et al., ex parte Waa Ship Garbage Collector, et al.

Country: Kenya
Year: 2004
Court: High Court at Mombasa
Citation: "Miscellaneous Civil Application 617 of 2003; KLR (E & L) 1"
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment
Facts:

The applicants sought orders of certiorari and prohibition of enforcement of a notice and multiple letters attesting to the fact that the Kenya Ports Authority (the “KPA”) authorized only two firms to operate as sludge removal firms in the port of Mombasa. The applicants ran businesses that removed sludge from ships docking in the Port …Read more

Tags: Contamination, Environmental degradation, Environmental hazards, Industrial waste, Pollution, Sewage, Waste, Waste management, Water pollution
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Suo Moto v. State of Rajasthan

Country: India
Year: 2004
Court: High Court - Rajasthan
Citation: AIR 2005 Raj 82; RLW 2005 (2) Raj 1437
Health Topics: Environmental health, Health information, Health systems and financing, Infectious diseases, Poverty, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to life, Right to water and sanitation
Facts:

The case was regarding multiple suo moto orders issued by the Rajasthan High Court to the municipal authorities of the city of Jaipur to clean-up, restore and maintain the city which was plagued with trash, open sewage and polluted water bodies. Specific orders were issued to remove and dispose of the plastic and polyethylene bags …Read more

Tags: Awareness, Clean water, Cleanliness, Drinking water, Environmental degradation, Environmental hazards, Garbage, Health education, Health expenditures, Health promotion, Health spending, Low income, Pollution, Poor, Potable water, Safe drinking water, Sewage, Trash, Underprivileged, 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
Download Judgment: English

Dr Mohiuddin Farooque, et al. v. Bangladesh (Ministry of Communication)

Country: Bangladesh
Year: 2002
Court: Supreme Court - High Court Division
Citation: 22 BLD (HCD) 2002 345
Health Topics: Environmental health, Health systems and financing, Public safety
Human Rights: Right to a clean environment, Right to life
Facts:

Petitioners filed a writ petition arguing that the environment of Dhaka City and the health of its inhabitants were under threat from the “emissions of hazardous smokes and noises in the air from faulty and unfit motor vehicles lacking road worthiness as required by law.” An investigation conducted by the petitioner and the Executive Committee …Read more

Tags: Air pollution, Budget, Environmental degradation, Health regulation, Pollution
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Smoke Affected Residents v. Municipal Corporation of Greater Mumbai

Country: India
Year: 2002
Court: High Court - Bombay
Citation: 2003 (3) BomCR 323
Health Topics: Chronic and noncommunicable diseases, Environmental health, Public safety
Human Rights: Right to a clean environment
Facts:

A petition was filed by the Smoke Affected Residents’ Forum seeking appropriate directions from the Court for measures to control and reduce auto emissions from vehicles plying in Mumbai. These were with respect to the consumption of unleaded petrol, reduction of sulphur content in diesel oil, issuance of ‘Pollution Under Control’ certificates and ensuring that …Read more

Tags: Air pollution, Air safety, Asthma, Environmental degradation, Pollution, Respiratory diseases, Safety regulation
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Somapala Fernando v. S.C. Fernando

Country: Sri Lanka
Year: 2002
Court: Court of Appeal
Citation: CA NO. 86/94 (F)
Health Topics: Environmental health
Facts:

The Petitioner was to construct a brick kiln close to the Respondent’s house. The Respondent complained that the smoke emitted by the brick kiln would pose a threat to the health of those in the neighborhood. The Respondent claimed that, in addition being harmful to the inhabitants of his house, the smoke would also cause …Read more

Tags: Air pollution, Environmental degradation, Environmental hazards, Pollution
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Dr Mohiuddin Farooque, et al. v. Government of Bangladesh, et al.

Country: Bangladesh
Year: 2001
Court: Supreme Court - High Court Division
Citation: 22 BLD (HDC) (2002) 534
Health Topics: Environmental health, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

The Petitioner was the Secretary of Bangladesh Environmental Lawyers Association (BELA) until his death. He was concerned about the increase in industrial pollution in the country and the Government’s lack of combative measures to tackle the issue. The Department of Environment, Pollution Control had carried out a survey identifying 903 industries that caused ecological imbalances …Read more

Tags: Air pollution, Clean water, Cleanliness, Contamination, Environmental degradation, Industrial waste, Pollution, Waste, Waste management, Water pollution
Download Judgment: English