Somapala Fernando v. S.C. Fernando
Country: Sri LankaYear: 2002
Court: Court of Appeal
Citation: CA NO. 86/94 (F)
Health Topics: Environmental health
The Petitioner was to construct a brick kiln close to the Respondent’s house. The Respondent complained that the smoke emitted by the brick kiln would pose a threat to the health of those in the neighborhood. The Respondent claimed that, in addition being harmful to the inhabitants of his house, the smoke would also cause …Read more
Dr Mohiuddin Farooque, et al. v. Government of Bangladesh, et al.
Country: BangladeshYear: 2001
Court: Supreme Court - High Court Division
Citation: 22 BLD (HDC) (2002) 534
Health Topics: Environmental health, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life
The Petitioner was the Secretary of Bangladesh Environmental Lawyers Association (BELA) until his death. He was concerned about the increase in industrial pollution in the country and the Government’s lack of combative measures to tackle the issue. The Department of Environment, Pollution Control had carried out a survey identifying 903 industries that caused ecological imbalances …Read more
Environment Action Network Ltd. v. Attorney General and National Environment Management Agency
Country: UgandaYear: 2001
Court: High Court at Kampala
Citation: High Court Miscellaneous Application No. 39 of 2001
Health Topics: Child and adolescent health, Environmental health, Public safety, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
The applicant, a public interest organisation, brought an application in the public interest seeking a declaration that unregulated smoking in public areas is a violation of the constitutional rights of non-smokers to life and to a clean and healthy environment. Article 50(2) of Uganda’s Constitution provides that “[a]ny person or organization may bring an action …Read more
The Social and Economic Rights Action Center, et al. v. Nigeria
Country: NigeriaYear: 2001
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 155/96 (2001).
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Environmental health, Infectious diseases, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to a clean environment, Right to food, Right to health, Right to housing, Right to life, Right to property
The applicant alleged that the military government of Nigeria (Government), in its efforts to produce oil through the State-owned Nigerian National Petroleum Company (NNPC), contaminated the environment of the Ogoni People and led to environmental degradation and health problems among that community. More specifically, the applicant claimed that the NNPC, acting within a consortium with …Read more
Prof. Nurul Islam, et al. v. Government of the People’s Republic of Bangladesh, et al.
Country: BangladeshYear: 2000
Court: Supreme Court - High Court Division
Citation: 52 DLR (2000) 413
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Health systems and financing, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
The above judgment combined two writ petitions that both dealt with the effect of tobacco advertisements on public health. The Petitioner in Writ Petition No. 1825 of 1999 was Prof. Nurul Islam, President of ADHUNIK (Aamra Dhumpan Nibaron Kori). Section 3 of the Tamakjato Shamogri Biponon Niontroner Jonno Pronito Ain, 1988 provided that all tobacco …Read more
Ontario v. Canadian Pacific Ltd.
Country: CanadaYear: 1995
Court: Supreme Court
Citation: [1995] 2 R.C.S. 1031
Health Topics: Environmental health
A railway company conducted two controlled burns to clear its railway right of way of dry grass and weeds but the consequent discharge of thick smoke adversely affected the health, property and activities of nearby residents. The company was charged with unlawfully discharging or permitting the discharge of a contaminant (smoke) into the natural environment …Read more
Suray Prasad Sharma Dhungel v. Godavari Marble Industries and Others
Country: NepalYear: 1995
Court: Supreme Court
Citation: Writ No. 35 of the year 2049 B.S (1992)
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom of association, Right to a clean environment, Right to health, Right to liberty and security of person, Right to life, Right to property
The Petitioner, Legal and Environmental Analysis for Development and Research Services (Pvt.) Ltd. (LEADERS Inc) was a company that conducted research on environmental issues and promoted conservation. One of the Respondents, Godavari Marble Industries, was engaged in marble masonry. The Petitioner contended that the activities of the Respondent, including blasting and mining, were causing severe …Read more
Case 152
Country: NicaraguaYear: 1992
Court: Supreme Court of Justice
Citation: Corte Supreme de Justicia, ELECTROQUIMICA PESADA S.A. c. Ministro de Economía y Desarrollo, y otros,
Health Topics: Chronic and noncommunicable diseases, Environmental health, Occupational health, Public safety
Human Rights: Right to a clean environment, Right to favorable working conditions, Right to work
Electroquimica Pesada S.A. (the “Company”), was operating with outdated equipment and was releasing emissions of chlorine and other noxious gases into the environment that posed harm to both its employees as well as the residents of Nicaragua. The Company was required to shut down its operations by a series of orders issued by the Minister …Read more
Technology Developers v. Court of Appeals, et al.
Country: PhilippinesYear: 1991
Court: Supreme Court
Citation: G.R. No. 94759
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment
Technology Developers, the Petitioner, was a private corporation engaged in the manufacture and export of charcoal briquettes. The mayor of Bulacan, a nearby town, sent a letter to Technology Developers, expressing concern over the pollution emitted by the Petitioner in the form of fumes that “not only pollute the air in the locality but also …Read more