Henares, et al. v. Land Transportation Franchising and Regulatory Board, et al.
Country: PhilippinesYear: 2006
Court: Supreme Court
Citation: G.R. No. 158290
Health Topics: Chronic and noncommunicable diseases, Environmental health, Infectious diseases
Human Rights: Right to a clean environment
The Petitioners sought to require the Land Transportation Franchising and Regulatory Board and the Department of Transport and Communications to use compressed natural gas (CNG) in their public utility vehicles. They alleged that particulate matter emitted from vehicles had caused serious health problems and lowered the overall quality of life, and contended that this problem …Read more
Pablo Miguel, et al. v. Ministerio de Salud y la Dirección General de Salud Ambiental (DIGESA)
Country: PeruYear: 2006
Court: Tribunal Constitucional (Constitutional Court)
Citation: Martínez, Pablo Miguel Fabián y Otros v. Ministerio de Salud y la Dirección General de Salud Ambiental (DIGESA), May 12, 2006, Sentencia 2002-2006-PC/TC (Peru).
Health Topics: Child and adolescent health, Disasters and emergencies, Environmental health, Health care and health services
Human Rights: Right to a clean environment, Right to development, Right to health, Right to life
Petitioners filed a Writ of Mandamus action against the Ministry of Health and DIGESA (the General Directorate of Environmental Health) before the Superior Court of Justice of Lima, requesting that the court order Respondents to design and implement a strategy for public health emergencies for the city of La Oroya, pursuant to articles 96, 97, …Read more
Asociación Vecinal Belgrano C. Manuel Belgrano et. al. v. Gobierno de la Ciudad de Buenos Aires et al.
Country: ArgentinaYear: 2005
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 2413. XXXIX.
Health Topics: Environmental health, Public safety
Human Rights: Right to a clean environment, Right to due process/fair trial, Right to health, Right to property
The plaintiff, Asociación Vecinal Belgrano C Manuel Belgrano, filed a guarantee of protection of individual constitutional rights (amparo protection) against the Government of the City of Buenos Aires and Metrovías S.A so that they performed the corresponding measures to stop the noise pollution generated in the Metro C and Metro D, that damaged the passengers health. …Read more
Fadeyeva v. Russia
Country: RussiaYear: 2005
Court: European Court of Human Rights
Citation: App. No. 55723/00, Eur. Ct. H.R. 376 (2005).
Health Topics: Environmental health, Mental health, Public safety
Human Rights: Right to a clean environment, Right to housing, Right to privacy
The applicant was a Russian national who lived in Cherepovets, a major steel-producing centre. The Severstal steel plant was built in Soviet times and owned originally by the Ministry of Black Metallurgy of the Russian Soviet Federative Socialist Republic (RSFSR). In her application against the Russian Federation under Article 34 of the Convention for the …Read more
Gbemre v. Shell Petroleum Development Company and Others
Country: NigeriaYear: 2005
Court: High Court, Benin Division
Citation: Suit No. FHC/B/CS/53/05; (2005) AHRLR 151 (NgHC 2005)
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health care and health services, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life
Applicants, residents of Iwherekan community in the Delta State of Nigeria, applied for an order enforcing their fundamental right to life and dignity of human person as provided by sections 22(1) and 34(1) of the Constitution of the Federal Republic of Nigeria, 1999 (the “Constitution”) and articles 4, 16, and 24 of the African Charter …Read more
Marangopoulos Foundation for Human Rights (MFHR) v. Greece
Country: GreeceYear: 2005
Court: European Committee of Social Rights
Citation: Complaint No.30/2005
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Occupational health
Human Rights: Right to favorable working conditions, Right to health
The plaintiff alleges that Greece failed to comply with its obligation to protect public health against air pollution of the European Social Charter by allowing the operate of lignite mines and power stations without taking all necessary steps to reduce this impact. The MFHR bases its claim on studies of particulate matter that show that …Read more
Okyay and Ors. v. Turkey
Country: TurkeyYear: 2005
Court: European Court of Human Rights
Citation: Application No. 36220/97; (2006) 43 EHRR 37
Health Topics: Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to due process/fair trial
Ten Turkish nationals filed suit against the Republic of Turkey alleging violation of their right to a fair hearing under the Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”). Plaintiffs alleged administrative authorities had failed to enforce court orders to shut down three thermal power plants in …Read more
Flores v. Southern Peru Copper Corporation
Country: United StatesYear: 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
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
Dr Mohiuddin Farooque, et al. v. Bangladesh (Ministry of Communication)
Country: BangladeshYear: 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
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
Smoke Affected Residents v. Municipal Corporation of Greater Mumbai
Country: IndiaYear: 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
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