Case 2006-147
Country: BelgiumYear: 2006
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 3842. C. C., n°2006-147, 28 September 2006
Health Topics: Occupational health
Human Rights: Right to favorable working conditions
The region of Wallonia brought a claim before the Court challenging a 1996 Royal Decree limiting the stocking of inflammable and combustible products in the workplace. The Decree created a law to address safety concerns in stocking such products and protect the well-being of all workers in the worksite. The applicant challenged the jurisdictional validity …Read more
Case 07-41845
Country: FranceYear: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass civ I, n°07-41845, 9 July 2008. Bulletin 2008, V, n° 155
Health Topics: Occupational health
Human Rights: Freedom from discrimination, Right to health
Mrs. X was an employee of the Sochata Snecma company, which is a part of Snecma services, on the site of Saint-Quentin-en-Yvelines. Mrs X was laid off on account of a disruption of the service following numerous work stoppages. The Rambouillet employee claims court reversed her dismissal and ordered her reinstatement within the Snecma services …Read more
Marangopoulos Foundation for Human Rights (MFHR) v. Greece
Country: GreeceYear: 2005
Court: European Committee of Social Rights
Citation: Complaint No.30/2005
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Occupational health
Human Rights: Right to favorable working conditions, Right to health
The plaintiff alleges that Greece failed to comply with its obligation to protect public health against air pollution of the European Social Charter by allowing the operate of lignite mines and power stations without taking all necessary steps to reduce this impact. The MFHR bases its claim on studies of particulate matter that show that …Read more
Aquino, Isacio v. Cargo Servicios Industriales S.A.
Country: ArgentinaYear: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 2652. XXXVIII
Health Topics: Disabilities, Occupational health
Human Rights: Right to favorable working conditions, Right to health
A 29-year-old construction worker fell 10 meters from veneer roof while at work, rendering him permanently and totally disabled. No safety devices were provided by the employer, including a net or other protection mechanism to protect workers from falls. The worker brought an action challenging the constitutionality of Article 39(1) of the Occupational Risks Law …Read more
International Commission of Jurists v. Portugal
Country: PortugalYear: 1999
Court: European Committee of Social Rights
Citation: Complaint No. 1/1998
Health Topics: Child and adolescent health, Occupational health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to favorable working conditions
The International Commission of Jurists (ICJ) alleged that a large number of children work illegally in many economic sectors in Portugal. It further stated that the poor working conditions these children are subjected to have a serious impact on their health. The ICJ produced several documents and relied particularly on a report which stated that …Read more
M.S. v. Sweden
Country: SwedenYear: 1997
Court: European Court of Human Rights
Citation: App. No. 20837/92, Eur. Ct. H.R. 49 (1997).
Health Topics: Health information, Health systems and financing, Occupational health
Human Rights: Right to due process/fair trial, Right to privacy
Applicant was a Swedish citizen who slipped and fell at work. She made a claim for compensation under the Industrial Injury Insurance Act from the State Insurance Office. The applicant’s lawyer made a routine request for her file and it was revealed that the State Office had been in correspondence with the women’s clinic and …Read more
Case SU-256/96
Country: ColombiaYear: 1996
Court: Constitutional Court
Health Topics: Health information, HIV/AIDS, Informed consent, Occupational health
Human Rights: Freedom from discrimination, Right to health, Right to privacy, Right to social security, Right to work
Mr. XX, the Plaintiff, worked for the Gun Club Corporation, the Respondent, from 16 March 1992 until 1 July 1994. On 28 April 1994, Dr. Alvaro Murra Erazo, who was working for the Respondent, administered an HIV test to the Plaintiff. After receiving a positive result, the Plaintiff was advised by Dr. Murra to resign …Read more
Canada (Attorney General) v. Thwaites
Country: CanadaYear: 1994
Court: Federal Court - Trial Division
Citation: [1994] 3 F.C. 38
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Medicines, Occupational health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to work
Simon Thwaites filed a complaint against the Canadian Armed Forces (CAF), alleging that it discriminated against him under the Canadian Human Rights Act (CHRA) by restricting his employment because of his HIV-positive status. Thwaites enlisted in the CAF in 1980 and by 1986 had risen to the rank of master seaman, a position that primarily …Read more
United States v. Westinghouse Electric Corporation
Country: United StatesYear: 1980
Court: 3rd Circuit Court of Appeal
Citation: 638 F.2d 570 (3d Cir. 1980)
Health Topics: Health information, Occupational health
Human Rights: Right to favorable working conditions, Right to privacy
The National Institute for Occupational Safety and Health (NIOSH) began a health hazard evaluation of a Westinghouse Electric Corporation plant in Pennsylvania after receiving a request from an authorized union representative from Westinghouse Electric Corporation. Physicians and an industrial hygienist employed by NIOSH did walk-through inspections of the plant. The inspecting physicians suspected that the …Read more
Sunshine Porcelain Potteries Proprietary Ltd. v. Nash
Country: AustraliaYear: 1961
Court: Privy Council
Citation: [1961] AC 927; [1961] 3 All ER 203; [1961] 3 WLR 747; 105 SJ 606
Health Topics: Chronic and noncommunicable diseases, Disabilities, Occupational health
Ms. Nash brought an action for compensation under the Victorian Worker’s Compensation Act 1928 (the 1928 Act) against her former employers, Sunshine Porcelain. She claimed compensation was payable after she contracted silicosis in the workplace. Sunshine Porcelain Potteries employed Ms. Nash in the years 1931-38. During her time as an employee of Sunshine Porcelain, Ms. …Read more