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
Peter Waweru v. Republic of Kenya
Country: KenyaYear: 2006
Court: High Court at Nairobi
Citation: Miscellaneous Civil Application 118 0f 2004; (2007) AHRLR 149 (KeHC 2006)
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to a clean environment, Right to life, Right to water and sanitation
About one hundred residents of the Kiserian township were approved to construct residential-cum-commercial buildings by county officials, including health officials. A public health officer investigated reports of “indiscriminate discharge of offensive smelling waste matters within the trading centre flowing out of various premises into open channels along the road to the environment and to the …Read more
Praveen Rashtrapal, I.R.S. v. Chief Officer, Kadi Municipality
Country: IndiaYear: 2006
Court: High Court - Gujarat
Citation: (2006) 3 GLR 1809
Health Topics: Environmental health, Health systems and financing, Occupational health, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to favorable working conditions, Right to health, Right to life
The Petitioners, including Praveen Rashtrapal, filed this public interest litigation in the Gujarat High Court under Article 226 of the Constitution (original writ jurisdiction of High Courts). The petition was filed on behalf of sewage cleaners (cleaners) in and around the City of Ahmadabad. The Petitioners claimed that the right to life and health of …Read more
Sawhoyamaxa Indigenous Community v. Paraguay
Country: ParaguayYear: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 146 (Mar. 29, 2006).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Medicines, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to property
The Sawhoyamaxa, an indigenous community in Paraguay brought the case against the Paraguayan government for failing to ensure their ancestral property right. The Sawhoyamaxa’s claim for territorial rights had been pending since 1991. The lands at issue constituted their traditional habitat suitable for their subsistence activities, consisting of hunting, fishing, and gathering. The lands claimed …Read more
Kachingwe v. Minister of Home Affairs N.O.
Country: ZimbabweYear: 2005
Court: Supreme Court
Citation: Report No. SC 145/04
Health Topics: Diet and nutrition, Health care and health services, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
This was a civil appeal regarding the conditions in Zimbabwe’s police holding cells. The first and second Applicants, Kachingwe and Chibebe, were arrested by the police, with Zimbabwe Lawyers for Human Rights serving as the third Applicant. The first Applicant was detained in a police cell overnight. The second Applicant was detained for two days. …Read more
Okyay and Ors. v. Turkey
Country: TurkeyYear: 2005
Court: European Court of Human Rights
Citation: Application No. 36220/97; (2006) 43 EHRR 37
Health Topics: Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to due process/fair trial
Ten Turkish nationals filed suit against the Republic of Turkey alleging violation of their right to a fair hearing under the Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”). Plaintiffs alleged administrative authorities had failed to enforce court orders to shut down three thermal power plants in …Read more
Taskin and Ors. v. Turkey
Country: TurkeyYear: 2005
Court: European Court of Human Rights
Citation: Application No. 46117/99; (2006) 42 EHRR 50
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to due process/fair trial, Right to family life, Right to life, Right to privacy
The applicants lived in the area near Ovacik where the Normandy Madencilik A.Ş company built a gold mine. The Ministry of Energy and Natural Resources issued a permit for the mine in 1992 for ten years. The Ministry also authorized the use of cyanide leaching during the gold extraction. Following the Environmental Act, the Ministry …Read more
Öneryildiz v. Turkey
Country: TurkeyYear: 2004
Court: European Court of Human Rights
Citation: Application No. 48939/99; (2005) 41 EHRR 20; [2004] ECHR 657; 18 BHRC 145, (2005); [2004] Inquest LR 108
Health Topics: Disasters and emergencies, Environmental health, Health information, Poverty, Water, sanitation and hygiene
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life, Right to housing, Right to life
A household-rubbish tip, or dump, was created in the Ümraniye district of Istanbul. Illegal dwellings were constructed around the rubbish tip. A report found that the rubbish tip posed health risks and the possibility of explosion. In April 1993 there was a methane explosion which triggered a landslide. Nine of the applicants’ family members were …Read more
Republic of Kenya v. Ministry for Transport and Communication, et al., ex parte Waa Ship Garbage Collector, et al.
Country: KenyaYear: 2004
Court: High Court at Mombasa
Citation: "Miscellaneous Civil Application 617 of 2003; KLR (E & L) 1"
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment
The applicants sought orders of certiorari and prohibition of enforcement of a notice and multiple letters attesting to the fact that the Kenya Ports Authority (the “KPA”) authorized only two firms to operate as sludge removal firms in the port of Mombasa. The applicants ran businesses that removed sludge from ships docking in the Port …Read more