25 judgments found.

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

Case 2158-2009

Country: Guatemala
Year: 2009
Court: Constitutional Court
Citation: Case No. 2158-2009, Corte de Constitucionalidad de la República de Guatemala [Constitutional Court of the Republic of Guatemala] (2009).
Health Topics: Tobacco
Human Rights: Right to health, Right to life
Facts:

The petitioner, the Guatemala Chamber of Commerce, filed a petition challenging the constitutionality of Articles 3, 4 and 6 of the Law for the Creation of Tobacco Smoke Free Environments, which prohibited smoking in any enclosed space except for hotels and motels and established pecuniary penalties for offenders. The petitioner claimed that the challenged provisions …Read more

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

Miroslav Grcev and Stamen Filipov to the Constitutional Court

Country: Macedonia
Year: 2009
Court: Constitutional Court
Citation: 261/2008-0-0
Health Topics: Child and adolescent health, Environmental health, Health information, Tobacco
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of movement and residence, Right to health, Right to life
Facts:

This case was heard together with case 70/2009-0-0. The Petitioners, Miroslav Grcev and Stamen Filipov, challenged the constitutionality of the Anti-Smoking Law (the Law). The Law banned smoking in public premises, advertising cigarettes, and selling cigarettes to persons under the age of 16. Public premises included institutions for education, health, state administration,  public transport, and …Read more

Tags: Advertising, Air pollution, Awareness, Children, Minor, Passive smoking, Pediatric health, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Macedonian

Miroslav Grcev and Stamen Filipov to the Constitutional Court

Country: Macedonia
Year: 2009
Court: Constitutional Court
Citation: 70/2009-0-0
Health Topics: Child and adolescent health, Environmental health, Health information, Tobacco
Human Rights: Freedom from discrimination, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to a clean environment, Right to health, Right to life, Right to privacy
Facts:

This case was heard together with case 261/2008-0-0. The Petitioners, Miroslav Grcev and Stamen Filipov, challenged the constitutionality of the Anti-Smoking Law (the Law). The Law banned smoking in public premises, advertising cigarettes, and selling cigarettes to persons under the age of 16. Public premises included institutions for education, health, state administration,  public transport, and …Read more

Tags: Advertising, Air pollution, Awareness, Children, Minor, Passive smoking, Pediatric health, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Macedonian

R(N) (on the application of) v. Secretary of State for Health, et al.

Country: United Kingdom
Year: 2009
Court: Supreme Court of Judicature Court of Appeal (Civil Division)
Citation: [2009] EWCA Civ 795; Case No: C1/2008/1307
Health Topics: Health systems and financing, Hospitals, Tobacco
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The appellants challenged a ban on smoking at the Rampton Hospital. The smoking ban was introduced because of a policy by Nottinghampshire Health Care NHS Trust (the Trust), which banned smoking in and outside of the hospital. The Smoke-Free (Exemption & Vehicles) Regulations 2007 (the Exemption Regulation) allowed the prohibition of smoking inside, but did …Read more

Tags: Health facilities, Health regulation, Passive smoking, Public hospitals, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

Arnoldo Eleuterio de Jesús Benitéz Castillo, et al. v. República Bolivariana de Venezuela s/ acción de amparo

Country: Venezuela
Year: 2008
Court: Supreme Court
Citation: Tribunal Supremo de Venezuela [Supreme Court of Venezuela], October 21, 2008, “Arnoldo Eleuterio de Jesús Benitéz Castillo y otros v. República Bolivariana de Venezuela s/ acción de amparo,” Expediente No. 08-0520, Sentencia No. 1587.
Health Topics: Controlled substances, Tobacco
Human Rights: Right to a clean environment
Facts:

Petitioners, among them the Federación Venezolana de Asociaciones de Consumidores y Usuarios (F.E.V.A.C.U) (Venezuelan Federation of Consumer and User Associations), filed an an “action for collective and common interests” against the government, seeking judicial protection for the violation of their right as a society to an enjoyable life and a balanced, safe, and healthy environment. …Read more

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

Case 14593

Country: Costa Rica
Year: 2008
Court: Supreme Court of Costa Rica (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 23 septiembre 2008, Sentencia 14593, Expediente: 08-012440-0007-CO (2008)(Costa Rica).
Health Topics: Controlled substances, Environmental health, Occupational health, Tobacco
Human Rights: Right to health
Facts:

Circular No. 03-2006 of the Municipality of Oreamuno designated an area within the public building to serve as a smoking room in accordance with Law N°7501 (1995), which provided for such spaces. The designated area was the aisle leading to the kitchen. Petitioner sought relief from the alleged violation of her right to health as …Read more

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

Case 17867

Country: Costa Rica
Year: 2006
Court: Supreme Court of Costa Rica (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 12 diciembre 2006, Sentencia 17867, Expediente: 06-011793-0007-CO (2006)(Costa Rica).
Health Topics: Controlled substances, Environmental health, Health care and health services, Tobacco
Human Rights: Right to health
Facts:

Petitioner was an inmate in a State prison who filed a Writ of Amparo challenging the administrative regulation that exempted inmates from the prohibition to smoke inside cells and other closed, indoor environments within prisons. In his submission, plaintiff contended the regulation (of infra-legal hierarchy status) was unconstitutional as it forcibly exposed him to tobacco …Read more

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

Vega Atencio, Damas v. Ministry of Justice

Country: Costa Rica
Year: 2006
Court: Supreme Court of Costa Rica
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 12 de diciembre del 2006, Res. No 2006017867, Expediente: 06-011793-0007-CO (2006)(Costa Rica).
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

The plaintiff, a Costa Rican national, presented an appeal of protection against the Ministry of Justice claiming his right to health had been violated. The plaintiff was deprived from liberty in a local prison which he claimed was overpopulated and in close contact with persons with chronic diseases. The Ministry of Justice argued that it …Read more

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

Kalashnikov v. Russia

Country: Russia
Year: 2002
Court: European Court of Human Rights
Citation: App. No. 47095/99, 36 Eur. H.R. Rep. 34 (2003).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons, Tobacco, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

Applicant, Russian national and President of the Northeast Commercial Bank, was accused of embezzlement and placed in detention. According to the applicant, he was detained in overcrowded and unsanitary cells, which occasionally contained inmates suffering from tuberculosis and syphilis. Moreover, the cells had inadequate toilet facilities, insufficient ventilation, and pest infestations. As a result the …Read more

Tags: Access to health care, Access to treatment, Cleanliness, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Passive smoking, Prison conditions, Second-hand smoke, Smoking, Torture, Tuberculosis
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