29 judgments found.

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland

Country: United Kingdom
Year: 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
Facts:

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

Tags: Health regulation, Job safety, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Safe working conditions
Download Judgment: English

Rothwell v. Chemical and Insulating Co. Ltd. and Anr. and other appeals

Country: United Kingdom
Year: 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
Facts:

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

Tags: Asbestos, Job safety, Lung disease, Mental disability, Mental disorder, Mental illness, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Respiratory diseases, Safe working conditions, Workers' compensation
Download Judgment: English

Barker v. Corus (UK) Ltd

Country: United Kingdom
Year: 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
Facts:

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

Tags: Asbestos, Compensation, Employment, Job safety, Lung disease, Occupational disease, Occupational hazards, Occupational health and safety, Respiratory diseases, Safe working conditions, Tort, Workers' compensation
Download Judgment: English

Case 2006-147

Country: Belgium
Year: 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
Facts:

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

Tags: Industrial hygiene, Job safety, Occupational hazards, Occupational health and safety, Safe working conditions
Download Judgment: French Flemish

Case 07-41845

Country: France
Year: 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
Facts:

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

Tags: Job safety, Occupational health and safety, Physically challenged, Safe working conditions, Workers' compensation
Download Judgment: English French

Marangopoulos Foundation for Human Rights (MFHR) v. Greece

Country: Greece
Year: 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
Facts:

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

Tags: Air pollution, Asthma, Awareness, Environmental degradation, Health education, Job safety, Lung disease, Occupational accident, Occupational health and safety, Pollution, Safe working conditions, Workers' compensation
Download Judgment: English

Aquino, Isacio v. Cargo Servicios Industriales S.A.

Country: Argentina
Year: 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
Facts:

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

Tags: Disabled, Job safety, Occupational accident, Occupational hazards, Occupational health and safety, Safe working conditions, Workers' compensation
Download Judgment: English Spanish

Seenath Beevi v. State of Kerala

Country: India
Year: 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
Facts:

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

Tags: Public hospitals, Safe working conditions
Download Judgment: English

International Commission of Jurists v. Portugal

Country: Portugal
Year: 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
Facts:

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

Tags: Child development, Child mortality, Children, Informal economy, Job safety, Minor, Occupational hazards, Occupational health and safety, Safe working conditions
Download Judgment: English

Janssen v. Germany

Country: Germany
Year: 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
Facts:

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

Tags: Asbestos, Health insurance, Industrial hygiene, Lung disease, Occupational disease, Occupational hazards, Occupational health and safety, Pulmonary diseases, Reimbursement, Respiratory diseases, Safe working conditions, Workers' compensation
Download Judgment: English