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
Berishvili v. Rustavi City Hall, et al.
Country: GeorgiaYear: 2004
Court: Court of Cassation
Citation: Case no. bs-205-172-k-04
Health Topics: Child and adolescent health, Environmental health, Health care and health services, Health systems and financing, Mental health, Public safety
Human Rights: Right to a clean environment
Petitioner Berishvili requested reimbursement from defendants Rustavi City Hall and LLC “Cultural and Recreational Park” for medical expenses incurred by her son after he was injured in a city park. Petitioner and her son went to the Cultural Recreation Park in Rustavi City. While at the park, a poisonous snake bit her son who required …Read more
Öneryildiz v. Turkey
Country: TurkeyYear: 2004
Court: European Court of Human Rights
Citation: Application No. 48939/99; (2005) 41 EHRR 20; [2004] ECHR 657; 18 BHRC 145, (2005); [2004] Inquest LR 108
Health Topics: Disasters and emergencies, Environmental health, Health information, Poverty, Water, sanitation and hygiene
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life, Right to housing, Right to life
A household-rubbish tip, or dump, was created in the Ümraniye district of Istanbul. Illegal dwellings were constructed around the rubbish tip. A report found that the rubbish tip posed health risks and the possibility of explosion. In April 1993 there was a methane explosion which triggered a landslide. Nine of the applicants’ family members were …Read more
Republic of Kenya v. Ministry for Transport and Communication, et al., ex parte Waa Ship Garbage Collector, et al.
Country: KenyaYear: 2004
Court: High Court at Mombasa
Citation: "Miscellaneous Civil Application 617 of 2003; KLR (E & L) 1"
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment
The applicants sought orders of certiorari and prohibition of enforcement of a notice and multiple letters attesting to the fact that the Kenya Ports Authority (the “KPA”) authorized only two firms to operate as sludge removal firms in the port of Mombasa. The applicants ran businesses that removed sludge from ships docking in the Port …Read more
Suo Moto v. State of Rajasthan
Country: IndiaYear: 2004
Court: High Court - Rajasthan
Citation: AIR 2005 Raj 82; RLW 2005 (2) Raj 1437
Health Topics: Environmental health, Health information, Health systems and financing, Infectious diseases, Poverty, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to life, Right to water and sanitation
The case was regarding multiple suo moto orders issued by the Rajasthan High Court to the municipal authorities of the city of Jaipur to clean-up, restore and maintain the city which was plagued with trash, open sewage and polluted water bodies. Specific orders were issued to remove and dispose of the plastic and polyethylene bags …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
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
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
Menores Comunidad Paynemil s/ Acción de amparo
Country: ArgentinaYear: 1997
Court: Civil Court of Appeals of Neuquén [Cámara de Apelaciones en lo Civil de la Provincia de Nuequén]
Citation: Case File No. 311-CA-1997
Health Topics: Child and adolescent health, Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to water and sanitation
The public defender brought a guarantee of protection of individual constitutional rights (amparo protection) to protect the health of children in the indigenous community of Paynemil whose drinking water supply had been contaminated with lead and mercury by an oil company’s operations. The State was alleged to have arbitrarily failed to protect the right to …Read more
Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of 8 July 1996
Country: NetherlandsYear: 1996
Court: International Court of Justice
Citation: Advisory Opinion of 8 July 1996
Health Topics: Disasters and emergencies, Environmental health, Public safety
Human Rights: Right to life
The Secretary-General of the United Nations requested an advisory opinion from the International Court of Justice on the following question: “Is the threat or use of nuclear weapons in any circumstances permitted under international law?”. The Court determined that it had the jurisdiction and competence to reply to the UN request according to Article 96, …Read more