Vilnes and Ors. v. Norway
Country: NorwayYear: 2013
Court: The European Court of Human Rights
Citation: Applications nos. 52806/09 and 22703/10)
Health Topics: Chronic and noncommunicable diseases, Health information, Occupational health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life, Right to life
The applicants were five Norwegian nationals, a Swedish national and an Icelandic national. The applicants developed health problems such as obstructive lung diseases and Post Traumatic Stress Disorder (PTSD) and became disabled. This had happened as a result of their deep diving jobs. They alleged that the working conditions and compromising safety had lead to …Read more
Case GKPI 11-2093
Country: RussiaYear: 2012
Court: Supreme Court
Health Topics: Disabilities, Disasters and emergencies, Occupational health
Human Rights: Right to social security
The appellant contracted a disease while on a business trip to the Chernobyl region to participate in work to contain the consequences of the nuclear disaster. He sought to receive employment compensation based on the disease he acquired and his resulting disability, without submitting an official report on an accident at work or an occupational …Read more
Case 0028-10-TI
Country: EcuadorYear: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 0028-10-TI, July 22, 2010
Health Topics: Disabilities, Health care and health services, Health systems and financing, Occupational health, Sexual and reproductive health
Human Rights: Right to health, Right to social security
This case was a review of the constitutionality of the Agreement on Social Security signed between the governments of Spain and Ecuador, to provide nationals working in the companion State with the same benefits as they would receive in their home country. In Spain’s case, this required provision for temporary disability during mass outbreaks of …Read more
Mankayi v. AngloGold Ashanti Ltd.
Country: South AfricaYear: 2011
Court: Constitutional Court
Citation: [2011] ZACC 3; 2011 (5) BCLR 453 (CC) ; 2011 (3) SA 237 (CC) ; [2011] 6 BLLR 527 (CC) ; (2011) 32 ILJ 545 (CC)
Health Topics: Chronic and noncommunicable diseases, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to liberty and security of person, Right to social security, Right to work
Mr Mankayi brought an action for delictual (tort) damages against AngloGold Ashanti Limited (AngloGold). While working as an underground mineworker between January 1979 and September 1995, Mr Mankayi claimed to have been exposed to harmful dusts and gases that led to his contracting tuberculosis and a chronic obstructive airway condition; these ailments rendered him unable …Read more
Case 337/2007
Country: UruguayYear: 2007
Court: Tribunal Apelaciones Trabajo 3ºT [Labor Appeals Court, 3rd District]
Citation: DA SILVA, Alexandra v. BANK STATE INSURANCE. Writ of Amparo (F.2-13142/2007)
Health Topics: Health care and health services, Health systems and financing, Mental health, Occupational health
Human Rights: Right to health
Appellant alleged she suffered a work-related injury resulting from her exposure to the toxic chemical Cyclohexanone causing dysphonia which left her virtually unable to speak for nine months and unable to work. Banco de Seguros del Estado (state insurance company) reviewed her case and found that she was not suffering from an occupational health disease …Read more
Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland
Country: United KingdomYear: 2007
Court: European Court of Justice
Citation: Case C-127/05, Comm'n v. U.K., 2007 E.C.R. I-4619.
Health Topics: Health systems and financing, Occupational health
Human Rights: Right to health
The Commission of the European Communities (Commission) brought an action against the United Kingdom for a declaration that provisions of section 2(1) of the UK Health and Safety at Work etc. Act 1974 (Act), read in conjunction with sections 33 and 47 of that Act, permitted the United Kingdom to negate its obligations under Article …Read more
Rothwell v. Chemical and Insulating Co. Ltd. and Anr. and other appeals
Country: United KingdomYear: 2007
Court: House of Lords
Citation: [2007] UKHL 39
Health Topics: Chronic and noncommunicable diseases, Mental health, Occupational health
Human Rights: Right to favorable working conditions
A group of employees brought an action in negligence for damages against their employer, Chemical & Insulating Co, for exposure to asbestos in the course of their employment. The employees had been negligently exposed to asbestos and had as a consequence developed pleural plaques. This was the thickening of a layer of fibers on the …Read more
Barker v. Corus (UK) Ltd
Country: United KingdomYear: 2006
Court: House of Lords
Citation: [2006] UKHL 20, [2006] 2 WLR 1027,[2006] 2 AC 572; [2006] All ER (D) 23 (May); [2006] NLJR 796
Health Topics: Chronic and noncommunicable diseases, Occupational health
Human Rights: Right to favorable working conditions
This case was brought as a test case to examine the scope of an exception in tort law causation rules. In Fairchild v. Glenhaven Funeral Services Ltd [2002] UKHL 22 (Fairchild), the House of Lords created an exception in to the normal law of causation in torts for workers who had been exposed to asbestos dust …Read more
Mangesh G. Salodkar v. Monsanto Chemicals of India Ltd.
Country: IndiaYear: 2006
Court: High Court - Bombay
Citation: 2007 (2) BomCR 883
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
The Respondent, Monsanto Chemicals of India, was engaged in the formulation of herbicides in India. In accordance with the Insecticide Act, 1968, the Respondent had been granted statutory approval by the Central Insecticides Board. Mangesh G. Salodkar, the Petitioner was employed at Monsanto’s establishment at Lonavala. Soon after taking voluntary retirement, he suffered a brain …Read more
Praveen Rashtrapal, I.R.S. v. Chief Officer, Kadi Municipality
Country: IndiaYear: 2006
Court: High Court - Gujarat
Citation: (2006) 3 GLR 1809
Health Topics: Environmental health, Health systems and financing, Occupational health, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to favorable working conditions, Right to health, Right to life
The Petitioners, including Praveen Rashtrapal, filed this public interest litigation in the Gujarat High Court under Article 226 of the Constitution (original writ jurisdiction of High Courts). The petition was filed on behalf of sewage cleaners (cleaners) in and around the City of Ahmadabad. The Petitioners claimed that the right to life and health of …Read more