Amparo Constitucional promovido por el Abog. Marcos Peroni Clifton bajo patrocinio del Aog. Guillermo Peroni, en representación de Philip Morris Paraguay S.A.
Country: ParaguayYear: 2010
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 776 (2010)(Para.).
Health Topics: Controlled substances, Environmental health, Tobacco
Human Rights: Right to health
Petitioner, the Paraguayan subsidiary of Philip Morris, filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 and 11 of the WHO Framework Convention on Tobacco Control (FCTC), and thus provided for stronger warning/labeling requirements than those of the law …Read more
Case 2975 K/Pdt/2009
Country: IndonesiaYear: 2010
Court: Supreme Court
Health Topics: Child and adolescent health, Diet and nutrition, Health information, Infectious diseases, Public safety
Human Rights: Right of access to information
The plaintiff was the father of two children whose second child was breastfed for the first 6 months and then was switched to a milk formula. In 2008, the Bogor Agricultural Institution published research that there were a number of infant formulas which were contaminated by enterobactersakazakii bacteria which could cause enteritis, sepsis and meningitis. …Read more
Hospital Association of South Africa v. Ministry of Health, et al.
Country: South AfricaYear: 2010
Court: High Court - North Gauteng Division, Pretoria
Citation: [2010] ZAGPPHC 69; 2010 (10) BCLR 1047 (GNP); [2011] 1 All SA 47 (GNP)
Health Topics: Health information, Health systems and financing, Medicines
Human Rights: Freedom of association, Right to participation
Two cases (numbers 37505/09 and 21352/09) were consolidated by an order of the court along with this case of the Hospital Association of South Africa Ltd (number 37377/09), as they all dealt with the same issues. The Applicants sought relief in respect of the promulgation by the Minister of Health (Minister) of Regulations Relating to …Read more
Tabacalera del Este S.A., et al. v. Poder Ejecutivo s/Amparo Constitucional
Country: ParaguayYear: 2010
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).
Health Topics: Controlled substances, Environmental health, Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to health
Petitioners were a consortium of tobacco companies that filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 (Protection from exposure to tobacco smoke) and 11 (Packaging and labelling of tobacco products) of the WHO Framework Convention on Tobacco Control …Read more
Miguel Ignacio Fredes Gonzalez and Ana Andrea Tuczek Fries v. Chile
Country: ChileYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 14/09, Petition 406-03, March 19, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Diet and nutrition, Environmental health, Health information, Public safety
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to due process/fair trial, Right to participation
Miguel Ignacia Fredes Gonzalez and Ana Andrea Tuczek Fries, among others, filed an information request with the Agriculture and Livestock Service (the “SAG”), a department of the State’s Ministry of Agriculture, requesting information and documents related to transgenic crops and their location.The national director of the SAG failed to answer the request within the time …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
The International Centre for the Legal Protection of Human Rights (INTERIGHTS) v. Croatia
Country: CroatiaYear: 2009
Court: European Committee of Social Rights
Citation: Complaint No. 45/2007
Health Topics: Child and adolescent health, Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to education
NTERIGHTS brought a complaint which alleged that Croatia was not complying with Articles 11(2) and 16 taken alone and in light of the non-discrimination clause in the Preamble and Article 17 of the European Social Charter (“ESC”) because Croatian schools were not providing adequate sexual and reproductive health education for children and young people. It …Read more
Unión Tabacalera del Paraguay, et al. s/ Amparo Constitucional
Country: ParaguayYear: 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
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
Case SK 16/071
Country: PolandYear: 2008
Court: Constitutional Tribunal
Health Topics: Health information, Health systems and financing, Medical malpractice
Human Rights: Freedom of expression, Right of access to information
The complainant’s principle allegation was that the portion of Article 52(2) of the Code of Medical Ethics (the “Code”) that read “a physician shall not discredit another physician publicly in any way whatsoever” violated the freedom of expression guaranteed in Article 54 of the Constitution of the Republic of Poland (the “Constitution”). The complainant was …Read more