31 judgments found.

Mshengu and Others v. Msunduzi Local Municipality and Others

Country: South Africa
Year: 2019
Court: HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL DIVISION, PIETERMARITZBURG
Citation: [2019] 4 All SA 469 (KZP)
Facts:

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

Tags: Clean water, Cleanliness, Indigent, Potable water, Safe drinking water, Sewage, Waste, Waste management
Download Judgment: English

The Rio Negro Massacres v. Guatemala

Country: Guatemala
Year: 2012
Court: Inter-American Court of Human Rights
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Hospitals, Poverty, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Freedom of religion, Right to bodily integrity, Right to development, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to life, Right to privacy, Rights to the benefits of culture
Facts:

This case deals with the destruction of the Mayan community of Río Negro by a series of massacres perpetrated by the Guatemalan army and members of the civil self-defence patrols in 1980 and 1982 which, according to the IACmHR, included the persecution and elimination of members of the Mayan community, subsequent violations directed against the …Read more

Tags: Access to health care, Assault, Budget, Child development, Children, Health promotion, Low income, Malnutrition, Minor, Poor, Potable water, Public hospital, Rape, Safe drinking water, Sewage, Sexual violence, Violence against women
Download Judgment: English

Brânduse v. Romania

Country: Romania
Year: 2009
Court: European Court of Human Rights
Citation: Application no. 6586/03
Health Topics: Environmental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to privacy, Right to water and sanitation
Facts:

B, a Romanian national, was sentenced to ten years in prison for fraud by the Court of Appeal of Timisoara. In January 2003 B lodged an application with the European Court of Human Rights based on the conditions of his detention in the prisons of Arad and Timisoara. B alleged that Romania violated Article 3 (prohibition of torture) of the European …Read more

Tags: Air pollution, Cleanliness, Custody, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Pollution, Prison conditions, Sewage, Trash, Waste, Waste management
Download Judgment: French

Nokotyana v. Ekurhuleni Municipality

Country: South Africa
Year: 2009
Court: Constitutional Court
Citation: (CCT 31/09) [2009] ZACC 33; 2010 (4) BCLR 312 (CC) (19 November 2009)
Health Topics: Health care and health services, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to housing, Right to work
Facts:

This was an appeal from an order of the South Gauteng High Court. The Applicants were members of the Harry Gwala Informal Settlement (Settlement). They approached the High Court for an order against the Ekurhuleni Metropolitan Municipality (Municipality) to install communal water taps, temporary sanitation facilities, refuse removal facilitation and high-mast lighting in key areas, …Read more

Tags: Clean water, Cleanliness, Drinking water, Emergency care, Garbage, Indigent, Low income, Poor, Potable water, Safe drinking water, Sewage, Trash, Underprivileged, Waste management, Water-borne disease
Download Judgment: English

Biwater Gauff (Tanzania) Ltd. v. United Republic of Tanzania

Country: Tanzania
Year: 2008
Court: International Centre for Settlement of Disputes
Citation: ICSID Case No. ARB/05/22
Health Topics: Environmental health, Water, sanitation and hygiene
Facts:

Tanzania was awarded funding from the World Bank to repair, upgrade, and expand the water and sewage infrastructure of Dar es Salaam. As a condition of the funding, Tanzania was required to appoint a private company to manage and operate the infrastructure improvements. The plaintiff, a British and German company named Biwater Gauff (“BGT”), won …Read more

Tags: Clean water, Drinking water, Potable water, Safe drinking water, Sewage, Waste management, Water pollution, Water-borne disease
Download Judgment: English

Mendoza, Beatriz Silvia et al. v. Estado Nacional et al.

Country: Argentina
Year: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: [2008] File M. 1569. XL
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Facts:

Residents of the Matanza-Riachulo river basin brought a class action against the National State, the Province of Buenos Aires, and the city of Buenos Aires, as well as a number of businesses, for injuries resulting from pollution of the area. A lengthy information collecting process began in 2006. The Supreme Court of Argentina found that …Read more

Tags: Budget, Cancer, Clean water, Cleanliness, Contamination, Disclosure, Drinking water, Dysentery, Environmental degradation, Environmental hazards, Examination Electronic health information, Freedom of information, Garbage, Harm reduction, Health data, Health expenditures, Health funding, Health regulation, Health spending, Industrial waste, Lung disease, Noncommunicable diseases, Notification, Poisoning, Pollution, Potable water, Pulmonary diseases, Respiratory diseases, Safe drinking water, Safety regulation, Sewage, Toxic waste, Trash, Waste, Waste management, Water pollution, Water safety, Water-borne disease
Download Judgment: Spanish

Tim Kabaza, et al.. v. Chatha Investments Ltd.

Country: Uganda
Year: 2008
Court: High Court at Kampala
Citation: [2008] UGHC 122; Miscellaneous Application No. 745 of 2007
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Facts:

Applicants were residents of Kyambogo Lower Estate, where they used a common facility for sanitation in the form of septic tanks. The channels leading to those tanks were located on a road reserve and the Respondent intended to erect a perimeter fence around that road reserve. Respondent was given an offer, containing certain terms and …Read more

Tags: Environmental degradation, Sewage, Waste, Waste management
Download Judgment: English

Testa v. Croatia

Country: Croatia
Year: 2007
Court: European Court of Human Rights
Citation: App. No. 20877/04, 47 Eur. H.R. Rep. 29 (2008)
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Infectious diseases, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to privacy
Facts:

Applicant, a Croatian prisoner, alleged that the prison authorities violated her rights under Article 3 of the Convention because she was not provided with adequate medical treatment and necessary medical check-ups for her illness (chronic hepatitis), nor did she receive an adequate diet or sufficient opportunity to take necessary rest. Consequently, she lost control over …Read more

Tags: Access to health care, Access to treatment, Cleanliness, Cruel treatment, Degrading treatment, Diet, Hepatitis, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Liver disease, Malnutrition, Sewage, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English Croatian

Peter Kinuthia Mwaniki, et al. v. Peter Njugana Gicheha, et al.

Country: Kenya
Year: 2006
Court: High Court at Nairobi
Citation: Civil Case 313 of 2000
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Facts:

Plaintiffs sought a permanent injunction to prevent Defendants from continuing to construct a slaughterhouse situated next to their homes, claiming that such construction violated certain environmental statutory provisions and Plaintiffs’ basic right to a clean and healthy environment. The slaughterhouse was almost completely built but had not started operating at the time of the suit. …Read more

Tags: Contamination, Environmental degradation, Environmental hazards, Industrial waste, Pollution, Sewage, Waste, Waste management
Download Judgment: English

Peter Waweru v. Republic of Kenya

Country: Kenya
Year: 2006
Court: High Court at Nairobi
Citation: Miscellaneous Civil Application 118 0f 2004; (2007) AHRLR 149 (KeHC 2006)
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to a clean environment, Right to life, Right to water and sanitation
Facts:

About one hundred residents of the Kiserian township were approved to construct residential-cum-commercial buildings by county officials, including health officials. A public health officer investigated reports of “indiscriminate discharge of offensive smelling waste matters within the trading centre flowing out of various premises into open channels along the road to the environment and to the …Read more

Tags: Clean water, Cleanliness, Contamination, Drinking water, Environmental degradation, Environmental hazards, Industrial waste, Pollution, Precautionary principle, Safe drinking water, Sewage, Toxic waste, Waste, Waste management, Water pollution, Water safety
Download Judgment: English