Black et al. v. City of Toronto
Country: CanadaYear: 2020
Court: Ontario Superior Court of Justice
Citation: 2020 ONSC 6398
Health Topics: Chronic and noncommunicable diseases, Sexual and reproductive health, Water, sanitation and hygiene
A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more
Mshengu and Others v. Msunduzi Local Municipality and Others
Country: South AfricaYear: 2019
Court: HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL DIVISION, PIETERMARITZBURG
Citation: [2019] 4 All SA 469 (KZP)
The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more
Centre for Health, Human Rights and Development & Anr. v. Attorney General
Country: UgandaYear: 2018
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 094 of 2015
Health Topics: Disabilities, Health care and health services, Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to health, Right to liberty and security of person, Right to privacy, Right to water and sanitation
The plaintiff stated that the Butabika Hospital is the only public psychiatric hospital under the Ministry of Health in Uganda. Further it is the only mental referral hospital and cases referred to it by other health facilities are of acute conditions, which require a specialized and skilled management. A part of the procedure in the …Read more
Alimov v. Turkey
Country: TurkeyYear: 2016
Court: The European Court of Human Rights
Citation: Application no. 14344/13
Health Topics: Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to water and sanitation
This case relates to the lawfulness and material conditions of the detention of an Uzbek refugee in Turkish holding facilities. The applicant and his family sought refuge in Turkey. The applicant was refused entry. He was placed in a detention facility at the airport pending his repatriation. The applicant’s new asylum request was rejected, to …Read more
Otgon v. Republic of Moldova
Country: MoldovaYear: 2016
Court: The European Court of Human Rights
Citation: ECHR 343 (2016)
Health Topics: Infectious diseases, Public safety, Water, sanitation and hygiene
Human Rights: Right to water and sanitation
The applicant and his daughter were admitted to the hospital as they suffered from serious dysentery after drinking tap water. She ensued action against the State-owned utilities provided. The District Court ruled in her favor. The Higher Courts confirmed the findings of the first instance but reduced the award by more than half of the …Read more
Nyakaana v. National Environment Management Authority & 6 Ors.
Country: UgandaYear: 2015
Court: Supreme Court
Citation: [2015] UGSC 14
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to due process/fair trial, Right to property
The National Environment Management Authority (“NEMA”) demolished the petitioner’s house after serving notice that his residential property was in a wetland. He filed a Constitutional Petition in the Constitutional Court maintaining that his rights over his property and his right to a hearing and to an appeal had been violated. He claimed that Sections 67, …Read more
SERAP v. Federal Republic of Nigeria
Country: NigeriaYear: 2012
Court: The Court of Justice of the Economic Community of West African States (ECOWAS)
Citation: JUDGMENT N° ECW/CCJ/JUD/18/12.
Health Topics: Diet and nutrition, Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to water and sanitation
The Socio-Economic Rights and Accountability Project (SERAP), a non-governmental organization, filed a case against the Federal Republic of Nigeria alleging human rights violations as a result of the government’s failure to ensure adequate environmental protection in the Niger Delta due to oil spillage. SERAP alleged that decades of oil prospection and exploitation by private corporations …Read more
Brown v. Plata
Country: United StatesYear: 2011
Court: Supreme Court
Citation: 131 S.Ct. 1910 (2011)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Infectious diseases, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
This case involved an appeal from a decision made by a three-judge court that was convened by the Federal District Court to decide the appropriate remedy for violations of the Eighth Amendment to the United States Constitution. The violations were the subject of two related Federal District Court cases in California: Coleman v. Brown (1990) …Read more
Matsipane Mosetlhanyane, et al. v. Attorney General
Country: BotswanaYear: 2011
Court: Court of Appeal of the Republic of Botswana at Lobatse
Citation: Matsipane Mosetlhanyane & Ors v. The Attorney General [2011] CivilAppeal No. CACLB-074-10 (Bots.).
Health Topics: Child and adolescent health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to water and sanitation
Appellants, a married couple who are members of an indigenous community known as the “Basarwa,” sought reversal of a High Court decision that had denied members of the Basarwa communities a constitutional right to utilize at their own expense a borehole located within the Central Kalahari Game Reserve (CKGR) for purposes of extracting and using …Read more
Ntombentsha Beja v. Premier of the Western Cape
Country: South AfricaYear: 2011
Court: Western Cape High Court, Cape Town
Citation: Case No. 21332/10
Health Topics: Poverty, Water, sanitation and hygiene
Human Rights: Right to housing, Right to water and sanitation
The City of Cape Town entered into an agreement with the individual members of the community for building over 1300 toilets. The City authorities stated that the residents would enclose the toilets themselves if the City provided one toilet per household. The Applicants argued that due to lack of finances, most of the toilets were …Read more