Mshengu and Others v. Msunduzi Local Municipality and Others
Country: South AfricaYear: 2019
Court: HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL DIVISION, PIETERMARITZBURG
Citation: [2019] 4 All SA 469 (KZP)
The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more
Danilczuk v. Cyprus
Country: CyprusYear: 2018
Court: European Court of Human Rights
Citation: [2018] ECHR 21318/12
Health Topics: Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The applicant, Mr. Robert Danilczuk, a Polish national formerly held at a Nicosia Central Prisons in Cyprus, submitted an application under the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) alleging poor detention conditions. Specifically, Danilczuk complained that in the various cell blocks in which he was placed, there was overcrowding, …Read more
Case 2012 (Gyo-Hi) 267
Country: JapanYear: 2012
Court: Fukuoka High Court
Citation: Minshu Vol. 68, No. 6
Health Topics: Environmental health
Human Rights: Right to a clean environment
The governor of the Miyazaki Prefecture granted permission for a company that collects, transports, and disposes of industrial waste to establish an industrial waste treatment facility. When the company applied for permission, it submitted a document called the “Environmental Impact Survey Report,” which detailed the survey results regarding the impact of the establishment of the …Read more
Brown v. Plata
Country: United StatesYear: 2011
Court: Supreme Court
Citation: 131 S.Ct. 1910 (2011)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Infectious diseases, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
This case involved an appeal from a decision made by a three-judge court that was convened by the Federal District Court to decide the appropriate remedy for violations of the Eighth Amendment to the United States Constitution. The violations were the subject of two related Federal District Court cases in California: Coleman v. Brown (1990) …Read more
Ntombentsha Beja v. Premier of the Western Cape
Country: South AfricaYear: 2011
Court: Western Cape High Court, Cape Town
Citation: Case No. 21332/10
Health Topics: Poverty, Water, sanitation and hygiene
Human Rights: Right to housing, Right to water and sanitation
The City of Cape Town entered into an agreement with the individual members of the community for building over 1300 toilets. The City authorities stated that the residents would enclose the toilets themselves if the City provided one toilet per household. The Applicants argued that due to lack of finances, most of the toilets were …Read more
Brânduse v. Romania
Country: RomaniaYear: 2009
Court: European Court of Human Rights
Citation: Application no. 6586/03
Health Topics: Environmental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to privacy, Right to water and sanitation
B, a Romanian national, was sentenced to ten years in prison for fraud by the Court of Appeal of Timisoara. In January 2003 B lodged an application with the European Court of Human Rights based on the conditions of his detention in the prisons of Arad and Timisoara. B alleged that Romania violated Article 3 (prohibition of torture) of the European …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
Tim Kabaza, et al.. v. Chatha Investments Ltd.
Country: UgandaYear: 2008
Court: High Court at Kampala
Citation: [2008] UGHC 122; Miscellaneous Application No. 745 of 2007
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Applicants were residents of Kyambogo Lower Estate, where they used a common facility for sanitation in the form of septic tanks. The channels leading to those tanks were located on a road reserve and the Respondent intended to erect a perimeter fence around that road reserve. Respondent was given an offer, containing certain terms and …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
Peter Kinuthia Mwaniki, et al. v. Peter Njugana Gicheha, et al.
Country: KenyaYear: 2006
Court: High Court at Nairobi
Citation: Civil Case 313 of 2000
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Plaintiffs sought a permanent injunction to prevent Defendants from continuing to construct a slaughterhouse situated next to their homes, claiming that such construction violated certain environmental statutory provisions and Plaintiffs’ basic right to a clean and healthy environment. The slaughterhouse was almost completely built but had not started operating at the time of the suit. …Read more