46 judgments found.

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

Unión Tabacalera del Paraguay, et al. s/ Amparo Constitucional

Country: Paraguay
Year: 2009
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 6 octubre 2006, Sentencia No. 916 (2009)(Para.).
Health Topics: Controlled substances, Health information, Tobacco
Human Rights: Freedom of expression, Right of access to information
Facts:

Petitioner (a consortium of tobacco companies) sought to strike down Resolution N°298 of the Ministry of Public Health SG No. 298, which established stricter and more compelling warning requirements for cigarrette boxes and labels. The consortium alleged the Resolution (of administrative decree status –i.e, infra-legal) had been issued in violation of a hierarchically superior norm, …Read more

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

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

Mahesh Bhatt, et al. v. Union of India and another

Country: India
Year: 2008
Court: High Court - Delhi
Citation: 2008 Bus LR 366 (Del); 147 (2008) DLT 561
Health Topics: Tobacco
Human Rights: Freedom of expression, Right to health, Right to life
Facts:

Three writ petitions were clubbed together by the Court owing to the similarity in questions to be decided. The first Petitioner, Mr. Mahesh Bhatt, was a film maker. The second and third petitioners were engaged in the publication of the newspaper, The Hindu. The Petitioners challenged the validity of the Cigarette and Other Tobacco Products …Read more

Tags: Advertising, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

Canada (Attorney General) v. JTI-MacDonald Corp., et al.

Country: Canada
Year: 2007
Court: Supreme Court
Citation: [2007] 2 S.C.R. 610, 2007 S.C.C. 30
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health information, Tobacco
Human Rights: Freedom of expression
Facts:

The Canadian Parliament enacted the Tobacco Act (the Act) and the Tobacco Products Information Regulations (the Regulations) in response to the decision of the Court in RJR-Macdonald Inc. v. Canada (Attorney General) [1994] 1 S.C.R. 311, which struck down a previous version of the Act. The new legislation permitted information and brand-preference advertising but prohibited …Read more

Tags: Advertising, Children, Minor, Pediatric health, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English French

Case 14766

Country: Costa Rica
Year: 2006
Court: Supreme Court of Costa Rica (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 6 octubre 2006, Sentencia 14766, Expediente: 06-011928-0007-CO (2006)(Costa Rica).
Health Topics: Controlled substances, Tobacco
Human Rights: Right to health, Right to life
Facts:

Petitioner filed a Writ of Amparo to challenge the administrative procedure that instituted a partial ban on cigar and cigarette advertisements pursuant Article 9 of Costa Rica’s Tobacco Regulation Act. Petitioner claimed such a partial ban was constitutionally unacceptable, as only a total ban on advertisement could fulfill the obligation of the State to safeguard …Read more

Tags: 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

British Columbia v Imperial Tobacco Canada Ltd.

Country: Canada
Year: 2005
Court: Supreme Court of Canada
Citation: 2005 SCC 49
Health Topics: Health care and health services, Health systems and financing, Tobacco
Human Rights: Right to due process/fair trial
Facts:

The Province of British Columbia (BC) passed the Tobacco Damages and Health Care Costs Recovery Act (the “Act”) to allow the government to sue tobacco manufacturers for the costs of providing health care to individuals exposed to tobacco products. Under the Act a given manufacturer could be held liable for a proportion of provincial health …Read more

Tags: Access to health care, Health expenditures, Health funding, Tobacco control, Tobacco regulation
Download Judgment: English
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