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
Case 2006-147
Country: BelgiumYear: 2006
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 3842. C. C., n°2006-147, 28 September 2006
Health Topics: Occupational health
Human Rights: Right to favorable working conditions
The region of Wallonia brought a claim before the Court challenging a 1996 Royal Decree limiting the stocking of inflammable and combustible products in the workplace. The Decree created a law to address safety concerns in stocking such products and protect the well-being of all workers in the worksite. The applicant challenged the jurisdictional validity …Read more
Case 07-41845
Country: FranceYear: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass civ I, n°07-41845, 9 July 2008. Bulletin 2008, V, n° 155
Health Topics: Occupational health
Human Rights: Freedom from discrimination, Right to health
Mrs. X was an employee of the Sochata Snecma company, which is a part of Snecma services, on the site of Saint-Quentin-en-Yvelines. Mrs X was laid off on account of a disruption of the service following numerous work stoppages. The Rambouillet employee claims court reversed her dismissal and ordered her reinstatement within the Snecma services …Read more
Marangopoulos Foundation for Human Rights (MFHR) v. Greece
Country: GreeceYear: 2005
Court: European Committee of Social Rights
Citation: Complaint No.30/2005
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Occupational health
Human Rights: Right to favorable working conditions, Right to health
The plaintiff alleges that Greece failed to comply with its obligation to protect public health against air pollution of the European Social Charter by allowing the operate of lignite mines and power stations without taking all necessary steps to reduce this impact. The MFHR bases its claim on studies of particulate matter that show that …Read more
Aquino, Isacio v. Cargo Servicios Industriales S.A.
Country: ArgentinaYear: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 2652. XXXVIII
Health Topics: Disabilities, Occupational health
Human Rights: Right to favorable working conditions, Right to health
A 29-year-old construction worker fell 10 meters from veneer roof while at work, rendering him permanently and totally disabled. No safety devices were provided by the employer, including a net or other protection mechanism to protect workers from falls. The worker brought an action challenging the constitutionality of Article 39(1) of the Occupational Risks Law …Read more
Seenath Beevi v. State of Kerala
Country: IndiaYear: 2003
Court: High Court - Kerala
Citation: 2003 (3) KLT 788
Health Topics: Hospitals, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
The Petitioner, Seenath Beevi, was the head nurse at a government hospital in Kerala. She worked 14 hours a day, six days a week because shift duties were not available at the hospital. The government had introduced a “3 shift system” in some hospitals with the aim of limiting working hours to 8 hours per …Read more
International Commission of Jurists v. Portugal
Country: PortugalYear: 1999
Court: European Committee of Social Rights
Citation: Complaint No. 1/1998
Health Topics: Child and adolescent health, Occupational health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to favorable working conditions
The International Commission of Jurists (ICJ) alleged that a large number of children work illegally in many economic sectors in Portugal. It further stated that the poor working conditions these children are subjected to have a serious impact on their health. The ICJ produced several documents and relied particularly on a report which stated that …Read more
Janssen v. Germany
Country: GermanyYear: 1999
Court: European Court of Human Rights
Citation: App. No. 23959/94, 2001 Eur. Ct. H.R. 879 (2001).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Occupational health
Human Rights: Right to due process/fair trial
German applicants filed a claim alleging violation of Article 6 § 1 (right to fair trial) of the Convention by the German courts when the case their mother commenced regarding her asbestos dust-related lung disease was not heard within a reasonable amount of time. The husband of the original plaintiff, Mrs. Gretel Janssen, worked as …Read more