Mossville Environmental Action Now v. United States
Country: United StatesYear: 2010
Court: Inter-American Commission on Human Rights
Citation: Report No. 43/10, Petition 242-05, March 17, 2010
Health Topics: Chronic and noncommunicable diseases, Environmental health
Human Rights: Freedom from discrimination, Right to a clean environment, Right to family life, Right to health, Right to life, Right to property
This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration) and the American Convention on Human Rights (the Convention), including protection of the right to health and equality before law. Mossville, Louisiana is a …Read more
Community of La Oroya v. Peru
Country: PeruYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 76/09, Petition 1473-06, 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, Health care and health services, Sexual and reproductive health
Human Rights: Freedom of expression, Right to a clean environment, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to privacy
Petitioners alleged that environmental pollution from a metallurgical complex in La Oroya, Peru caused a series of violations of the rights of community members. They alleged Peru was guilty by act and omission for its failure to control the metallurgical complex; its lack of supervision of the facility’s operation; and its failure to adopt measures …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
Brun, André v. France
Country: FranceYear: 2006
Court: Human Rights Committee
Citation: Brun v. France, U.N. H.R. Comm., U.N. Doc. CCPR/C/ 88/D/1453/2006 (Nov. 23, 2006).
Health Topics: Diet and nutrition, Environmental health, Public safety
Human Rights: Right to a clean environment, Right to due process/fair trial, Right to health, Right to life, Right to participation, Right to privacy
Brun claimed a violation of Article 2 (right to remedy), Article 6 (right to life) and Article 17 (right to privacy) of the International Covenant Civil and Political Rights (ICCPR). Brun argued that Article 17 should be interpreted to include the right to live in a healthy environment. He had been sentenced for demonstrating against …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
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
Taskin and Ors. v. Turkey
Country: TurkeyYear: 2005
Court: European Court of Human Rights
Citation: Application No. 46117/99; (2006) 42 EHRR 50
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to due process/fair trial, Right to family life, Right to life, Right to privacy
The applicants lived in the area near Ovacik where the Normandy Madencilik A.Ş company built a gold mine. The Ministry of Energy and Natural Resources issued a permit for the mine in 1992 for ten years. The Ministry also authorized the use of cyanide leaching during the gold extraction. Following the Environmental Act, the Ministry …Read more
Guerra and Ors. v. Italy
Country: ItalyYear: 1998
Court: European Court of Human Rights
Citation: Application No. 14967/89; (1998) 26 EHRR 357; [1998] ECHR 7
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom of expression, Right to life, Right to privacy
Residents of Manfredonia brought an action against the Italian government for failing to provide them with information about the health risks posed by a nearby chemical factory. The residents of Manfredonia lived approximately one kilometer away from the Enichem chemical factory. The factory, which produced fertilizers and caprolactam, was classified as “high risk,” because it …Read more
Subhash Kumar v. State of Bihar and others
Country: IndiaYear: 1991
Court: Supreme Court
Citation: A.I.R. 1991 S.C. 420 (India).
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to life
The petitioner, an influential businessman, filed a public interest litigation claim against two iron and steel companies, which the petitioner claimed had created health risks by dumping surplus waste from factory washeries in the form of sludge and slurry into the nearby Bokaro river. According to the petitioner, the sludge and slurry had been deposited …Read more