Mazibuko, Lindiwe, et al. v. City of Johannesburg, et al.
Country: South AfricaYear: 2009
Court: Constitutional Court
Citation: Lindiwe Mazibuko & Ors. v. City of Johannesburg & Ors., 2009 (4) SA 1 (CC) (S. Afr.).
Health Topics: Water, sanitation and hygiene
Human Rights: Right to water and sanitation
Five impoverished residents of Phiri in Soweto filed a legal action against the City of Johannesburg, the water provider company wholly owned by the City, and the Ministry of Water Affairs and Forestry, challenging the legality of Operation Gcin’amanzi–a project the City of Johannesburg piloted in Phiri in early 2004 to address the severe problem …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
Nokotyana v. Ekurhuleni Municipality
Country: South AfricaYear: 2009
Court: Constitutional Court
Citation: (CCT 31/09) [2009] ZACC 33; 2010 (4) BCLR 312 (CC) (19 November 2009)
Health Topics: Health care and health services, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to housing, Right to work
This was an appeal from an order of the South Gauteng High Court. The Applicants were members of the Harry Gwala Informal Settlement (Settlement). They approached the High Court for an order against the Ekurhuleni Metropolitan Municipality (Municipality) to install communal water taps, temporary sanitation facilities, refuse removal facilitation and high-mast lighting in key areas, …Read more
Biwater Gauff (Tanzania) Ltd. v. United Republic of Tanzania
Country: TanzaniaYear: 2008
Court: International Centre for Settlement of Disputes
Citation: ICSID Case No. ARB/05/22
Health Topics: Environmental health, Water, sanitation and hygiene
Tanzania was awarded funding from the World Bank to repair, upgrade, and expand the water and sewage infrastructure of Dar es Salaam. As a condition of the funding, Tanzania was required to appoint a private company to manage and operate the infrastructure improvements. The plaintiff, a British and German company named Biwater Gauff (“BGT”), won …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
Defensor del Pueblo de la Nación v. Estado Nacional et al.
Country: ArgentinaYear: 2007
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 18/9/2007, "Defensor del Pueblo de la Nación c/ Estado Nacional y otra (Provincia del Chaco) s/proceso de conocimiento," (D. 587. XLIII) (Arg.).
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Infectious diseases, Poverty, Water, sanitation and hygiene
Human Rights: Right to bodily integrity, Right to education, Right to food, Right to health, Right to life, Right to participation, Right to water and sanitation, Right to work
Argentina’s Human Rights Ombudsman brought a claim against the National Government and the Province of Chaco to force Respondents to take the necessary measures to improve the deleterious living conditions of an indigenous community in Chaco that amounted to circumstances of extreme emergency. The Ombudsman claimed that the community lacked fundamental and basic necessities as …Read more
Kranti v. Union of India & Ors
Country: IndiaYear: 2007
Court: Supreme Court
Citation: Appeal (civil) No. 2681/2007
Health Topics: Diet and nutrition, Disasters and emergencies, Health systems and financing, Poverty, Water, sanitation and hygiene
Human Rights: Right to food, Right to water and sanitation
The plaintiffs were residents of a group of islands heavily affected by the 2004 tsunami. They argued that they were facing a number of problems which the local administration could take steps to mitigate and that the problems required immediate governmental action. They argued that, while there were relief funds, these funds were not being …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
MH v. Secretary of State for the Home Department
Country: United KingdomYear: 2006
Court: Asylum and Immigration Tribunal
Citation: MH Sudan [2006] UKAIT 00033
Health Topics: Disasters and emergencies, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Appellant was a Sudanese citizen and a member of the Tama tribe from western Darfur. He entered the United Kingdom on March 6, 2004, potentially as a minor. He sought asylum claiming that his brothers had been killed by Janjaweed militia supported by the Sudanese government and that he would be killed if he returned …Read more
Sesana v. Attorney General
Country: BotswanaYear: 2006
Court: High Court - Lobatse
Citation: Misca. No. 52 of 2002
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Infectious diseases, Informed consent, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to participation, Right to property
In March 2002, the Botswana Government terminated certain basic services to the Central Kalahari Game Reserve (CKGR), including access to: Drinking water; Maintenance of borehole water; Rations to registered destitute; Rations to registered orphans; Transport for the applicants’ children to and from school; and Healthcare to the applicants through mobile clinics and ambulance services. The …Read more