X v. Commonwealth
Country: AustraliaYear: 1999
Court: High Court
Citation: [1999] HCA 63; 200 CLR 177; 167 ALR 529; 74 ALJR 176
Health Topics: Disabilities, HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
X was discharged from the Australian Defence Force (ADF) after he tested positive for HIV, in accordance with an ADF policy that sought to avoid transmission of HIV between soldiers. He subsequently filed a complaint with the Human Rights and Equal Opportunity Commission (the Commission), claiming his discharge constituted unlawful discrimination under the Disability Discrimination …Read more
Bandhua Mukti Morcha v. Union of India and Others
Country: IndiaYear: 1997
Court: Supreme Court
Citation: (1997) 10 SCC 549
Health Topics: Child and adolescent health, Diet and nutrition, Occupational health, Poverty
Human Rights: Right to education, Right to food, Right to health, Right to life, Right to social security, Right to work
Carpet industries in Uttar Pradesh employed children, under the age of 14, where they were “being treated as slaves” and were “subjected to physical torture.” This writ petition was filed in the Supreme Court under Article 32 as a public interest matter. The Court immediately commissioned a report to determine whether children under the age …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
Mx of Bombay Indian Inhabitant v. M/S. Zy and Anr
Country: IndiaYear: 1997
Court: High Court - Bombay
Citation: AIR 1997 Bom 406; 1997 (3) BomCR 354; (1997) 2 BOMLR 504
Health Topics: HIV/AIDS, Infectious diseases, Occupational health, Poverty
Human Rights: Freedom from discrimination, Right to life, Right to work
The Petitioner, MX, was a casual labourer working for the Respondent, M/s ZY, a State owned corporation. Before his employment could be regularized, the Respondent required the Petitioner to undergo medical tests, including tests for HIV antibodies. The Petitioner passed all fitness requirements presented in the examination except those for HIV antibodies. The Respondent, upon …Read more
Consumer Education and Research Centre, et al. v. Union of India and Others
Country: IndiaYear: 1995
Court: Supreme Court of India
Citation: Consumer Educ. & Research Ctr. v. Union of India, 1995 S.C.C. (3) (India).
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life, Right to social security
The Consumer Education and Research Center filed several writ petitions against the State of India under Article 32 (obligation to promote social justice and welfare of the people) of the Indian Constitution regarding the protection of workers against the occupational health hazards and diseases associated with asbestos exposure. The petitioner applied for remedial measures to …Read more
Kerojärvi v. Finland
Country: FinlandYear: 1995
Court: European Court of Human Rights
Citation: App. No. 17506/90, 32 Eur. H.R. Rep. 8 (2001).
Health Topics: Disabilities, Health systems and financing, Occupational health
Human Rights: Right of access to information, Right to due process/fair trial
The applicant was a Finnish national who had retired from the military after receiving a shrapnel wound in his back during his service in the wars between Finland and the Soviet Union. Although the State Office for Accident Compensation (Compensation Office) acknowledged that the shrapnel wound was a “military injury” for purposes of compensation under …Read more
Case 148
Country: NicaraguaYear: 1992
Court: Supreme Court of Justice
Citation: Corte Suprema de Justicia, Asunto de Castillo de Zambrano, Sentencia No. 148, 19 de agosto de 1992
Health Topics: Occupational health
This case was about a notary public who did not file an index of a notarial protocol that was her duty to file because she had been under surgery and was recovering. The question was whether her health condition excused her from filing such protocol with the authorities.
Case 152
Country: NicaraguaYear: 1992
Court: Supreme Court of Justice
Citation: Corte Supreme de Justicia, ELECTROQUIMICA PESADA S.A. c. Ministro de Economía y Desarrollo, y otros,
Health Topics: Chronic and noncommunicable diseases, Environmental health, Occupational health, Public safety
Human Rights: Right to a clean environment, Right to favorable working conditions, Right to work
Electroquimica Pesada S.A. (the “Company”), was operating with outdated equipment and was releasing emissions of chlorine and other noxious gases into the environment that posed harm to both its employees as well as the residents of Nicaragua. The Company was required to shut down its operations by a series of orders issued by the Minister …Read more
Automobile Workers v. Johnson Controls
Country: United StatesYear: 1991
Court: Supreme Court
Citation: 499 U.S. 187 (1991)
Health Topics: Child and adolescent health, Occupational health, Sexual and reproductive health
Human Rights: Freedom from discrimination
The Appellants, a class of current and future employees of the Respondent’s battery manufacturing company, Johnson Controls, brought suit claiming that the company’s policy of barring fertile women from employment for reasons based on occupational safety, constituted sex discrimination in violation of Title VII of the Civil Rights Act of 1964 (the Act). The primary …Read more
C.E.S.C. Ltd. v. Subhash Chandra Bose and Ors
Country: IndiaYear: 1991
Court: Supreme Court
Citation: 1992 AIR 573; 1991 SCR Supl. (2) 267; MANU/SC/0466/1992
Health Topics: Health systems and financing, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
Calcutta Electricity Supply Corporation (India) Ltd. (CESC), the Appellant, engaged contractors (the Respondents), including Mr. Subhash Chandra Bose, to provide “excavation, conversion of overhead electric lines and laying of underground cables under public roads, as well as for repair and maintenance.” The Regional Director of the Employees State Insurance Corporation (ESIC) notified the Appellant that …Read more