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
Case 007-11-EE
Country: EcuadorYear: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 007-11-EE, July 27, 2011.
Health Topics: Diet and nutrition, Disasters and emergencies, Public safety
Human Rights: Right to health, Right to life, Right to work
This case was a decision on the constitutionality of an executive decree ordering the declaration of a state of emergency intended to prohibit the sale and consumption of alcoholic beverages throughout the country for 72 hours, due to cases of poisoning from alcoholic beverages adulterated with methanol. Articles 165 and 166 of the Constitution and …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
HKSAR v Asaduzza
Country: ChinaYear: 2010
Court: Hong Kong Special Administrative Region Court of Appeal
Citation: [2010] HKCFI 431
Health Topics: Diet and nutrition, Infectious diseases, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to property
The appellant, Asaduzzaman, was charged with contravening s.30AA of the Food Business Regulation, Cap. 132, which prohibits a permittee of a fresh provision shop license from allowing live poultry on the premises between 8:00PM of each day to 5:00AM the next day. On the evening of 4 September 2008, Asaduzzaman took four live chickens from …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
Núñez de Zanetti, Mónica Viviana v. Famyl S.A. Salud para la Familia
Country: ArgentinaYear: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 9/9/2008, "Núñez de Zanetti, Mónica c/ Famyl Salud s/ Amparo", (N. 289, L. XLIII)(Arg.)
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Sexual and reproductive health
Human Rights: Right to health, Right to life
Mónica Núñez de Zanetti requested that the prepaid medical care company, Famyl S. A., pay for her parenteral nutrition, a life-saving diet she required as a result of a chronic small bowel resection she suffered. Famyl S.A. contended that it was not responsible for provide the nutritional services because Nuñez’s peritonitis was the result of …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
BLAST, et al. v. Government of Bangladesh and others
Country: BangladeshYear: 2005
Court: Supreme Court - High Court Division
Citation: 25 BLD (HDC) (2005) 83
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Diet and nutrition
The Petitioner, Bangladesh Legal Aid and Services Trust (BLAST), a public interest NGO, alleged that the Respondents (which included salt manufacturers and the Government) had violated the Iodine Deficiency Diseases Prevention Act, 1989 (the Act). The Act required edible salt to be iodised before sale, in order to combat iodine deficiency diseases such as goitre …Read more
Pelman ex rel. Pelman v. McDonald’s Corp
Country: United StatesYear: 2005
Court: United States Court of Appeals, Second Circuit
Citation: Pelman ex rel. Pelman v. McDonald’s Corp 396 F.3d 508 (2d Cir. 2005)
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health information
Human Rights: Right to health
Plaintiffs, Ashley Pelman and Jazlen Bradley, brought suit against defendant, McDonald’s Corporation, for violating Section 349 and 350 of the New York General Business Law, known commonly as the New York Protection Act between 1987 and 2002 on three counts. Count I claimed that the effect of McDonald’s promotions was to create the false impression …Read more
Santosh Mittal v. State of Rajasthan
Country: IndiaYear: 2004
Court: High Court - Rajasthan
Citation: RLW 2005 (1) Raj 486; 2005 (1) WLC 52
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Environmental health, Health information, Public safety, Water, sanitation and hygiene
Human Rights: Freedom of expression, Right of access to information, Right to life, Right to water and sanitation
The case concerned a claim that the sale of PepsiCo and Coca-Cola carbonated beverages should be banned on the account that they are contaminated with pesticide residue and suspended impurities and are therefore harmful to human life. The petitioners relied on the report published by the Centre for Science and Environment (“CSE”), which conducted an …Read more