Hatton and Ors. v. United Kingdom
Country: United KingdomYear: 2001
Court: European Court of Human Rights
Citation: App. No. 36022/97, 34 Eur. H.R. Rep. 1 (2002).
Health Topics: Child and adolescent health, Environmental health
Human Rights: Right to family life, Right to health, Right to privacy
Eight applicants, all British citizens, lived on properties in the areas surrounding Heathrow Airport. They complained that United Kingdom’s “noise quota” policy introduced in 1993 allowing for increased flights and levels of noise at night and especially in the early morning interfered with their rights pursuant to Article 8 (right to respect for his or …Read more
Siromani Mittasala v. President, Brindavanam Colony
Country: IndiaYear: 2001
Court: High Court - Andhra Pradesh
Citation: 2002 (1) ALD 136; 2002 (2) ALT 356
Health Topics: Environmental health, Infectious diseases, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life, Right to water and sanitation
Brindavan Colony was draining untreated sewage into the municipal underground pipeline and the Papireddy tank, which tank supplied water to the residents of Kavali. The Kavali municipality had failed to provide a proper drainage system, resulting in polluted water and the outbreak of mosquito-born epidemics. There was a nearby water supply scheme being built which, …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
A.P. Pollution Control Board II v. Prof. M.V. Nayudu and Ors
Country: IndiaYear: 2000
Court: Supreme Court
Citation: Appeal (civil) 368-371 of 1999
Health Topics: Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life, Right to water and sanitation
Respondent industry sought to establish a new factory in the State of Andhra Pradesh to produce vegetable oils. The industry purchased land in Peddashpur village, within 10KM of two reservoirs that provided drinking water for 5 million people. In 1988, the Ministry of Forests and Environment established a “red” list of hazardous industries, including industry …Read more
Bulankulama and six others v. The Secretary, Ministry of Industrial Development and seven others
Country: Sri LankaYear: 2000
Court: Supreme Court
Citation: SC Application No 884/99 (FR), unreported
Health Topics: Environmental health, Infectious diseases
Human Rights: Freedom of movement and residence, Right of access to information, Right to a clean environment, Right to development, Right to work, Rights to the benefits of culture
The respondents entered into a draft agreement with a leading US mining company for the exploration of phosphate deposits in Eppawela, an agriculturally developed area of great historical importance and archaeological value. The proposed area of exploration was described as land ‘initially covering 56 square kilometers’. The petitioners, residents of Eppawela, started proceedings in the …Read more
Kemai & 9 Others v. Attorney General of Kenya & 3 Others
Country: KenyaYear: 2000
Court: High Court at Nairobi
Citation: Civil Case 238 of 1999; (2005) AHRLR 118 (KeHC 2000)
Health Topics: Diet and nutrition, Environmental health
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to a clean environment, Right to life, Right to property, Right to work
This case was brought to the Court by members of the Ogiek community who sought a declaration that their forcible eviction from the Tinet Forest by the Kenyan government was unconstitutional. The applicants claimed that the eviction was in contravention of their rights to protection of the law, their right to life, their right to …Read more
Prof. Nurul Islam, et al. v. Government of the People’s Republic of Bangladesh, et al.
Country: BangladeshYear: 2000
Court: Supreme Court - High Court Division
Citation: 52 DLR (2000) 413
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Health systems and financing, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
The above judgment combined two writ petitions that both dealt with the effect of tobacco advertisements on public health. The Petitioner in Writ Petition No. 1825 of 1999 was Prof. Nurul Islam, President of ADHUNIK (Aamra Dhumpan Nibaron Kori). Section 3 of the Tamakjato Shamogri Biponon Niontroner Jonno Pronito Ain, 1988 provided that all tobacco …Read more
Guerra and Ors. v. Italy
Country: ItalyYear: 1998
Court: European Court of Human Rights
Citation: Application No. 14967/89; (1998) 26 EHRR 357; [1998] ECHR 7
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom of expression, Right to life, Right to privacy
Residents of Manfredonia brought an action against the Italian government for failing to provide them with information about the health risks posed by a nearby chemical factory. The residents of Manfredonia lived approximately one kilometer away from the Enichem chemical factory. The factory, which produced fertilizers and caprolactam, was classified as “high risk,” because it …Read more
Dr. Ashok v. Union of India and others
Country: IndiaYear: 1997
Court: Supreme Court
Citation: AIR 1997 SC 2298
Health Topics: Diet and nutrition, Environmental health
Human Rights: Right to a clean environment, Right to health, Right to life
Amongst the several chemicals used industrially, some insecticides, colour additives and food additives (the chemicals) were approved for use in India even though they were banned in “advanced countries” as they carried carcinogenic properties. These facts were mentioned in a letter sent by Dr. Ashok (the Petitioner) to the Chief Justice of India. The Court …Read more
Menores Comunidad Paynemil s/ Acción de amparo
Country: ArgentinaYear: 1997
Court: Civil Court of Appeals of Neuquén [Cámara de Apelaciones en lo Civil de la Provincia de Nuequén]
Citation: Case File No. 311-CA-1997
Health Topics: Child and adolescent health, Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to water and sanitation
The public defender brought a guarantee of protection of individual constitutional rights (amparo protection) to protect the health of children in the indigenous community of Paynemil whose drinking water supply had been contaminated with lead and mercury by an oil company’s operations. The State was alleged to have arbitrarily failed to protect the right to …Read more