Vilnes and Ors. v. Norway
Country: NorwayYear: 2013
Court: The European Court of Human Rights
Citation: Applications nos. 52806/09 and 22703/10)
Health Topics: Chronic and noncommunicable diseases, Health information, Occupational health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life, Right to life
The applicants were five Norwegian nationals, a Swedish national and an Icelandic national. The applicants developed health problems such as obstructive lung diseases and Post Traumatic Stress Disorder (PTSD) and became disabled. This had happened as a result of their deep diving jobs. They alleged that the working conditions and compromising safety had lead to …Read more
Case GKPI 11-2093
Country: RussiaYear: 2012
Court: Supreme Court
Health Topics: Disabilities, Disasters and emergencies, Occupational health
Human Rights: Right to social security
The appellant contracted a disease while on a business trip to the Chernobyl region to participate in work to contain the consequences of the nuclear disaster. He sought to receive employment compensation based on the disease he acquired and his resulting disability, without submitting an official report on an accident at work or an occupational …Read more
Case 3153/2011
Country: SpainYear: 2011
Court: Supreme Court
Citation: STS 3153/2011
Health Topics: Infectious diseases, Occupational health
The appellant claimed to have been infected by the Hepatitis C virus (HCV) which the appellant received during his duties as dissection technician in the Forensic Anatomical Institute in Barcelona. He was diagnosed on July 4, 1997, took sick leave in August 19, 1999, and lodged a claim for financial liability of EUR 600,000, along …Read more
Mankayi v. AngloGold Ashanti Ltd.
Country: South AfricaYear: 2011
Court: Constitutional Court
Citation: [2011] ZACC 3; 2011 (5) BCLR 453 (CC) ; 2011 (3) SA 237 (CC) ; [2011] 6 BLLR 527 (CC) ; (2011) 32 ILJ 545 (CC)
Health Topics: Chronic and noncommunicable diseases, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to liberty and security of person, Right to social security, Right to work
Mr Mankayi brought an action for delictual (tort) damages against AngloGold Ashanti Limited (AngloGold). While working as an underground mineworker between January 1979 and September 1995, Mr Mankayi claimed to have been exposed to harmful dusts and gases that led to his contracting tuberculosis and a chronic obstructive airway condition; these ailments rendered him unable …Read more
Case 2010-018f
Country: BelgiumYear: 2010
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2010-018f, 25 February 2010
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to due process/fair trial
This case was about the difference in treatment provided by the law between civil servants and employees as concerned expenses incurred by claims relating to social security. The Anvers Court of Appeal asked the Constitutional Court about the validity of article 1017, paragraph 2, of the Belgian Judicial Code in regard to articles 10 and …Read more
Chandran a/l Subbiah v. Dockers Marine Pte Ltd
Country: SingaporeYear: 2009
Court: Court of Appeal
Citation: [2009] SGCA 58
Health Topics: Occupational health
Human Rights: Right to favorable working conditions
The appellant was assigned to ensure the proper alignment of the cargo containers when moving cargo containers into and out of a hatch within vessels. This required him to repeatedly enter and leave the hatch. He did so via the only means of access available to them – a metal rung ladder hanging vertically alongside …Read more
Gerhard Schultz-Hoff v. Deutsche Rentenversicherung Bund; Stringer and Others v. Her Majesty’s Revenue and Customs
Country: Germany, United KingdomYear: 2009
Court: European Court of Justice
Citation: Joined Cases C-350/06 and C-520/06
Health Topics: Disabilities, Occupational health
Human Rights: Right to work
Mr. Schultz-Hoff, an employee of Deutsche Rentenversicherung Bund (DRB) with a recognized disability, became unfit to work in September 2004 and was on continuous sick leave until the termination of his employment on September 30, 2005. On May 13, 2005, during his sick leave, Mr. Schultz-Hoff requested that he take his remaining paid annual leave …Read more
Miskitu Divers v. Honduras
Country: HondurasYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 121/09, Petition 1186-04, November 12, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Disabilities, Occupational health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to life
Tags: Disabled, Indigenous groups, Job safety, Occupational accident, Occupational hazards, Occupational health and safety, Safe working conditions, Workers' compensation
Smith v. Northamptonshire County Council
Country: United KingdomYear: 2009
Court: House of Lords
Citation: [2009] UKHL 27
Health Topics: Occupational health
Human Rights: Right to favorable working conditions
Jean Smith brought an action for damages against her employee, Northamptonshire Council, under the Provision and Use of Work Equipment Regulations 1998, for injuries she suffered in her employment. Ms. Smith was employed by the council as a driver and a carer. Her duties included picking up Mrs. Cotter, who was confined to a wheelchair, …Read more
Torrillo, Atilio Amadeo et al. v. Gulf Oil Argentina S.A. et al.
Country: ArgentinaYear: 2009
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: T. 205. XLIV.
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to favorable working conditions, Right to health
The Plaintiffs, parents of a worker who died in a fire at his workplace, sued their son´s employer for damages. They alleged that the employer had not implemented appropriate measures to deal with situations of emergency such as the fire that caused their son’s death. The lower court accepted the claim of the Plaintiffs, awarding …Read more