Menores Comunidad Paynemil s/ Acción de amparo
Country: ArgentinaYear: 1997
Court: Civil Court of Appeals of Neuquén [Cámara de Apelaciones en lo Civil de la Provincia de Nuequén]
Citation: Case File No. 311-CA-1997
Health Topics: Child and adolescent health, Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to water and sanitation
The public defender brought a guarantee of protection of individual constitutional rights (amparo protection) to protect the health of children in the indigenous community of Paynemil whose drinking water supply had been contaminated with lead and mercury by an oil company’s operations. The State was alleged to have arbitrarily failed to protect the right to …Read more
Ameer Bano v. S. E. Highways
Country: PakistanYear: 1996
Court: High Court of Lahore
Citation: PLD 1996 Lahore 592
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to life
The Petitioner, Ameer Bano, owned a house at Multan Road, Bahawalpur. She brought a claim before High Court of Lahore alleging that her right to life and freedom from disease under article 9 of the Constitution of Pakistan was violated by the breakdown of the sewerage system. The breakdown had caused dirty water to enter …Read more
Terra Woningen B.V. v. The Netherlands
Country: NetherlandsYear: 1996
Court: European Court of Human Rights
Citation: App. No. 20641/92, 24 Eur. H.R. Rep. 456 (1997).
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial
The applicant company’s business includes the development of real property and owned 6 blocks of flats nearby the port of Rotterdam. It was reported that a smell of mineral oil had been noticed in a garden during digging. In a report it was found that pollution was caused by heavy metals and the local residents …Read more
Laguna Lake Development Authority v. Court of Appeals and Ors.
Country: PhilippinesYear: 1994
Court: Supreme Court
Citation: G.R. No. 110120
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health
The City Government of Caloocan disposed of approximately 350 tons of garbage daily in Tala Estate, Barangay Camarin against the wishes of local residents, who were concerned about the environmental and health impact of the dumpsite. In March 1991, the Task Force Camarin Dumpsite of Our Lady of Lourdes Parish filed a complaint with the …Read more
Lopez-Ostra v. Spain
Country: SpainYear: 1994
Court: European Court of Human Rights
Citation: Application No. 16798/90; (1995) 20 EHRR 277; [1994] ECHR 46; (1994) 303-C Eur. Ct. H.R. (ser A)
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to privacy
Mrs. López Ostra brought an action against Spain due to environmental pollution from a nearby waste treatment plant. López Ostra lived adjacent to the plant, which was operating without a license. The plant malfunctioned on start-up, and released gas fumes and unpleasant smells. These caused health problems and were a nuisance to the local people. …Read more
Salt Miners v. Director, Industries and Mineral Development
Country: PakistanYear: 1994
Court: Supreme Court
Citation: 1994 SCMR 2061
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life, Right to water and sanitation
Residents and mineworkers of Khewra filed a petition under Article 184(3) of the Pakistani Constitution alleging that a lease had been improperly granted to a mining company within a reserved water catchment area, thus endangering the potability of the resident’s water supply which could be contaminated by poisonous water seeping from the mine. A government-constituted …Read more
Chief Bernard Ominayak, et al. v. Canada
Country: CanadaYear: 1984
Court: United Nations Human Rights Committee
Citation: Communication No. 167/1984: U.N. Doc. CCPR/C/38/D/167/1984 (1990)
Health Topics: Controlled substances, Diet and nutrition, Environmental health, Infectious diseases, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to a clean environment, Right to due process/fair trial, Right to family life, Rights to the benefits of culture
Chief Bernard Ominayak (the “author”) was the leader and representative of the Lubicon Lake Band (the “Band”), a Cree Indian Band living in the Province of Alberta in Canada. He argued that the State party expropriated Lubicon land for commercial interest despite its recognition that the Band members had the right to continue their traditional …Read more
E.H.P. v. Canada
Country: CanadaYear: 1982
Court: United Nations Human Rights Committee
Citation: Communication No. 67/1980, U.N. Doc. CCPR/C/OP/1 at 20
Health Topics: Chronic and noncommunicable diseases, Environmental health
Human Rights: Right to a clean environment, Right to life, Right to water and sanitation
This communication was filed by the chairperson of the Port Hope Environmental Group on behalf of the residents of Port Hope, Ontario, Canada. From 1945 to 1952, Eldorado Nuclear Ltd., a federal Crown Corporation, disposed of nuclear waste in dumpsites within Port Hope, a town of 10,000 people. In 1975, large-scale pollution of residences and …Read more
Ramos v. Lamm
Country: United StatesYear: 1980
Court: 10th Circuit Court of Appeal
Citation: 639 F.2d 559 (1980)
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Right of access to information, Right to due process/fair trial, Right to family life, Right to food, Right to health, Right to privacy
This case was an appeal by the State of Colorado (“Colorado”) and Colorado prison officials, challenging an order from the Colorado Federal District Court directing the State of Colorado to close the maximum security unit of the Colorado State Penitentiary at Canon City (“Old Max”). Inmate Fidel Ramos filed a complaint alleging that the conditions …Read more
People of the Philippines v. Juanito Solon
Country: PhilippinesYear: 1960
Court: Supreme Court
Citation: G.R. No. L-14864
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination
Juanito Solon was convicted and fined (with subsidiary imprisonment in case of insolvency) for having violated Cebu City Ordinance No. 241 (the Ordinance). The Ordinance required drivers of vehicle-drawing animals to properly dispose of the waste discharged by their vehicle-drawing animals while traveling City roads. Solon challenged his conviction on the grounds that the Ordinance …Read more