Peter Kinuthia Mwaniki, et al. v. Peter Njugana Gicheha, et al.
Country: KenyaYear: 2006
Court: High Court at Nairobi
Citation: Civil Case 313 of 2000
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Plaintiffs sought a permanent injunction to prevent Defendants from continuing to construct a slaughterhouse situated next to their homes, claiming that such construction violated certain environmental statutory provisions and Plaintiffs’ basic right to a clean and healthy environment. The slaughterhouse was almost completely built but had not started operating at the time of the suit. …Read more
Peter Waweru v. Republic of Kenya
Country: KenyaYear: 2006
Court: High Court at Nairobi
Citation: Miscellaneous Civil Application 118 0f 2004; (2007) AHRLR 149 (KeHC 2006)
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to a clean environment, Right to life, Right to water and sanitation
About one hundred residents of the Kiserian township were approved to construct residential-cum-commercial buildings by county officials, including health officials. A public health officer investigated reports of “indiscriminate discharge of offensive smelling waste matters within the trading centre flowing out of various premises into open channels along the road to the environment and to the …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
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
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
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
Dr Mohiuddin Farooque, et al. v. Government of Bangladesh, et al.
Country: BangladeshYear: 2001
Court: Supreme Court - High Court Division
Citation: 22 BLD (HDC) (2002) 534
Health Topics: Environmental health, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life
The Petitioner was the Secretary of Bangladesh Environmental Lawyers Association (BELA) until his death. He was concerned about the increase in industrial pollution in the country and the Government’s lack of combative measures to tackle the issue. The Department of Environment, Pollution Control had carried out a survey identifying 903 industries that caused ecological imbalances …Read more
T. RAMAKRISHNA RAO V.CHAIRMAN, HYDERABAD URBAN DEVELOPMENT AUTHORITY, HYD. AND OTHERS
Country: IndiaYear: 2001
Court: High Court of Judicature of Andhra Pradesh at Hyderabad
Citation: 2001 SCC OnLine AP 613
Health Topics: Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life, Right to water and sanitation
The petitioner, Mr. T Ramakrishna Rao, was a member of the A.P. High Court Bar. He wrote a letter dated 13-12-1998 to the Andhra Pradesh High Court. The basis of the letter was a news article titled “A Victim of Urbanisation” published in an english daily, The Indian Express on 28-11-1998. The article highlighted the …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