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
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
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
Eugen Gabriel Radu v. Romania
Country: RomaniaYear: 2009
Court: European Court of Human Rights
Citation: Application No. 3036/04
Health Topics: Disabilities, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The plaintiff, Eugen Gabriel Radu, a Romanian national, applied to the European Court of Human Rights claiming that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, which prohibits torture and inhumane or degrading treatment. The plaintiff was sentenced in 2001 and again in 2006 for aggravated …Read more
Marian Stoicescu v. Romania
Country: RomaniaYear: 2009
Court: European Court of Human Rights
Citation: Application No. 12934/02
Health Topics: Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The plaintiff, Marian Stoicescu, a Romanian national, applied to the European Court of Human Rights in 2002 alleging that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, prohibiting torture and inhumane or degrading treatment. In 2000, the plaintiff was sentenced to 8 years in prison for …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
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