Medina Rodríguez, Nidia Elena et al. v. Estado Nacional et al.
Country: ArgentinaYear: 2009
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 1312. XLIII.
Health Topics: Disasters and emergencies, Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to housing, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) in the terms of articles 41 and 43 of the National Constitution and law 25.675 with the Supreme Court of Justice against the National State, the province of Buenos Aires and the municipality of Lomas de Zamora to initiate the public work …Read more
Ngobe Indigenous Communities v. Panama
Country: PanamaYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 75/09, Petition 286-08, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Public safety, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to a clean environment, Right to due process/fair trial, Right to liberty and security of person, Right to participation, Right to property, Rights to the benefits of culture
In May 2007, the State of Panama, without community consultation, granted a concession for the construction of a hydroelectric dam within the traditional lands of an indigenous community, the Ngöbe. Although the construction of the dam was still in its initial stages at the time the petition was filed, the petitioner alleged that the work …Read more
Mendoza, Beatriz Silvia et al. v. Estado Nacional et al.
Country: ArgentinaYear: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: [2008] File M. 1569. XL
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Residents of the Matanza-Riachulo river basin brought a class action against the National State, the Province of Buenos Aires, and the city of Buenos Aires, as well as a number of businesses, for injuries resulting from pollution of the area. A lengthy information collecting process began in 2006. The Supreme Court of Argentina found that …Read more
Clean Air Foundation LTD and Another v. The Government of the HKSAR
Country: ChinaYear: 2007
Court: Hong Kong Special Administrative Region Court of First Instance
Citation: [2007] HKCFI 757; HCAL 35/2007
Health Topics: Environmental health, Public safety
Human Rights: Right to a clean environment, Right to health, Right to life
The applicants were a group that advocates for improvement of Hong Kong’s air quality. They alleged that the Hong Kong government did not enact adequate legislation or effective policy to combat air pollution and that this failure was a breach of the government’s legal duty to ensure the right to life and the right to …Read more
Ledyayeva, Dobrokhotova, Zolotareva and Romashina v. Russia
Country: RussiaYear: 2007
Court: European Court of Human Rights
Citation: Application Nos. 53157/99, 53247/99, 53695/00 and 56850/00
Health Topics: Chronic and noncommunicable diseases, Environmental health, Public safety
Human Rights: Right to a clean environment, Right to family life, Right to housing
The four applicants alleged that pollution levels near their homes violated their right to respect for their private and family life under Article 8 of the European Convention on Human Rights (“Convention”). All the applicants lived within a “sanitary security zone” around a local steel plant and were exposed to concentrations of dangerous substances above …Read more
Rabia Bhuiyan MP v. Ministry of Local Government and Rural Development, et al.
Country: BangladeshYear: 2007
Court: Supreme Court - High Court Division
Citation: 59 DLR (AD) (2007)
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life
The Appellant, a former Member of Parliament, filed a writ petition in the High Court of Bangladesh against the Government and other public authorities for their failure to comply with the Environment Conservation Act 1995 and the Environment Conservation Rules 1997. The petition alleged that there was widespread arsenic contamination in tube wells across the …Read more
Syed Mansoor Ali Shah v. Government of Punjab
Country: PakistanYear: 2007
Court: High Court
Citation: CLD 533
Health Topics: Environmental health
Human Rights: Right to a clean environment, Right to life
Mr. Syed Mansoor Ali Shah petitioned the High Court at Lahore, asserting that air pollution from vehicular emissions had severely affected human life by causing citizens to suffer diseases. Under Rule 163 of the Provincial Motor Vehicles Rules 1969, the owner of a vehicle was required by law to properly maintain the vehicle so that it did not cause damage or annoyance to …Read more
Case 0371-04-RA
Country: EcuadorYear: 2006
Court: Constitutional Tribunal [Tribunal Constitucional]
Citation: Tribunal Constitucional, Caso No. 0371-04-RA, publicado en el Suplemento al Registro Oficial No. 274, 19 de mayo de 2006.
Health Topics: Environmental health, Public safety
Human Rights: Right to a clean environment, Right to water and sanitation
This case was originally brought before the First Chamber of the Contentious Administrative Tribunal by a group of organizations of the Amazon Basin in Ecuador who were challenging the fact that Colombia was fumigating with glyphosate (within their plan to eradicate coca) within a 10-km strip from the border of Colombia and Ecuador. The organizations …Read more
Giacomelli v. Italy
Country: ItalyYear: 2006
Court: European Court of Human Rights
Citation: App. No. 59909/00, 45 Eur. H.R. Rep 38 (2006).
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to due process/fair trial, Right to health, Right to privacy
The applicant, an Italian national, claimed the government violated Article 8 (respect for private and family life) of the European Convention on Human Rights when its authorities failed to implement a court order to suspend a waste treatment plant because of its permanent effects on her health and home. The applicant was living in a …Read more
Henares, et al. v. Land Transportation Franchising and Regulatory Board, et al.
Country: PhilippinesYear: 2006
Court: Supreme Court
Citation: G.R. No. 158290
Health Topics: Chronic and noncommunicable diseases, Environmental health, Infectious diseases
Human Rights: Right to a clean environment
The Petitioners sought to require the Land Transportation Franchising and Regulatory Board and the Department of Transport and Communications to use compressed natural gas (CNG) in their public utility vehicles. They alleged that particulate matter emitted from vehicles had caused serious health problems and lowered the overall quality of life, and contended that this problem …Read more