Urgenda Foundation v. The State of the Netherlands (Ministry of Infrastructure and the Environment)
Country: NetherlandsYear: 2015
Court: Hague District Court (Chamber for Commercial Affairs)
Citation: C/09/456689
Health Topics: Environmental health
Human Rights: Right to a clean environment, Right to family life, Right to life
The plaintiff Urgenda, a foundation committed to a more sustainable society, brought a claim on behalf of over 800 individuals against the defendant, the state of the Netherlands, regarding climate change. Specifically, the plaintiff asked the court to rule that it would be unlawful for the defendant not to reduce annual greenhouse gas emissions by …Read more
Case 2012 (Gyo-Hi) 267
Country: JapanYear: 2012
Court: Fukuoka High Court
Citation: Minshu Vol. 68, No. 6
Health Topics: Environmental health
Human Rights: Right to a clean environment
The governor of the Miyazaki Prefecture granted permission for a company that collects, transports, and disposes of industrial waste to establish an industrial waste treatment facility. When the company applied for permission, it submitted a document called the “Environmental Impact Survey Report,” which detailed the survey results regarding the impact of the establishment of the …Read more
Chu Yee Wah v. Director Of Environmental Protection
Country:Year: 2011
Court: The High Court of the Hong Kong Special Administrative Region Court of Appeal
Citation: [2011] HKCA 217; [2011] 5 HKLRD 469; [2012] 1 HKC 35; CACV 84/2011
Health Topics: Environmental health
Human Rights: Right to a clean environment
This case addressed the issue of whether Hong Kong’s Director of Environmental Protection (the ͞Director) had the authority to approve an environmental impact assessment (the ͞EIA) of certain proposed Hong Kong-Zhuhai-Macau Bridge projects (the ͞HKZMB Projects) if the EIA did not contain a quantitative stand-alone analysis of the projected environmental impact of the HKZMB Projects. …Read more
Brânduse v. Romania
Country: RomaniaYear: 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
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
Miroslav Grcev and Stamen Filipov to the Constitutional Court
Country: MacedoniaYear: 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
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
Miroslav Grcev and Stamen Filipov to the Constitutional Court
Country: MacedoniaYear: 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
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
Ngobe Indigenous Communities v. Panama
Country: PanamaYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 75/09, Petition 286-08, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Public safety, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to a clean environment, Right to due process/fair trial, Right to liberty and security of person, Right to participation, Right to property, Rights to the benefits of culture
In May 2007, the State of Panama, without community consultation, granted a concession for the construction of a hydroelectric dam within the traditional lands of an indigenous community, the Ngöbe. Although the construction of the dam was still in its initial stages at the time the petition was filed, the petitioner alleged that the work …Read more
Clean Air Foundation LTD and Another v. The Government of the HKSAR
Country: ChinaYear: 2007
Court: Hong Kong Special Administrative Region Court of First Instance
Citation: [2007] HKCFI 757; HCAL 35/2007
Health Topics: Environmental health, Public safety
Human Rights: Right to a clean environment, Right to health, Right to life
The applicants were a group that advocates for improvement of Hong Kong’s air quality. They alleged that the Hong Kong government did not enact adequate legislation or effective policy to combat air pollution and that this failure was a breach of the government’s legal duty to ensure the right to life and the right to …Read more
Ledyayeva, Dobrokhotova, Zolotareva and Romashina v. Russia
Country: RussiaYear: 2007
Court: European Court of Human Rights
Citation: Application Nos. 53157/99, 53247/99, 53695/00 and 56850/00
Health Topics: Chronic and noncommunicable diseases, Environmental health, Public safety
Human Rights: Right to a clean environment, Right to family life, Right to housing
The four applicants alleged that pollution levels near their homes violated their right to respect for their private and family life under Article 8 of the European Convention on Human Rights (“Convention”). All the applicants lived within a “sanitary security zone” around a local steel plant and were exposed to concentrations of dangerous substances above …Read more
Case 0371-04-RA
Country: EcuadorYear: 2006
Court: Constitutional Tribunal [Tribunal Constitucional]
Citation: Tribunal Constitucional, Caso No. 0371-04-RA, publicado en el Suplemento al Registro Oficial No. 274, 19 de mayo de 2006.
Health Topics: Environmental health, Public safety
Human Rights: Right to a clean environment, Right to water and sanitation
This case was originally brought before the First Chamber of the Contentious Administrative Tribunal by a group of organizations of the Amazon Basin in Ecuador who were challenging the fact that Colombia was fumigating with glyphosate (within their plan to eradicate coca) within a 10-km strip from the border of Colombia and Ecuador. The organizations …Read more