consequences of the dumping.60
173. The Court also takes note of the 2008 Report of the UN Special Rapporteur
stating that “many people, especially those living near the dumping sites,
still experience health problems. Adverse effects on childbirth and child
health, including miscarriages and stillbirths, have also been reported”.61
174. The Court finds, therefore, that the Respondent State violated the right to
health protected by Article 16 of the Charter, firstly by failing to prevent the
dumping of the toxic waste, and secondly, by failing to take all the necessary
measures to ensure that persons affected by the disaster had full access to
quality health care.
D. Alleged violation of the right to a general satisfactory environment
175. The Applicants allege that the Respondent State violated it obligation to
respect, protect and implement the right to a satisfactory and inclusive
environment for thousands of people seriously affected by the dumping of
the toxic waste.
176. The Applicants also contend that the Respondent State's failure to
implement and enforce its domestic law and international obligations
relating to the prevention of the import of toxic waste into its territory
constitutes a breach of its obligation to protect the right to a satisfactory
general environment enjoyed by persons under its jurisdiction.
*
In a joint report, Greenpeace and Amnesty International noted that “To the government’s credit, tens
of thousands of people were given free medical treatment at access points all around the city. However,
in some cases, the government failed to respond to requests for help for several weeks. For example, it
was only in health units were dispatched to Djibi village, even though the head of the village had alerted
the authorities soon after the dumping that the village had been badly affected. Similarly, the medical
services offices on duty, which were focused to provide care for victims, were not always equipped with
the necessary equipment and medicines to treat patients”.
61 Report of the UN Special Rapporteur on the adverse effects of the movement and dumping of toxic
and dangerous products and wastes on the enjoyment of human rights (hereinafter referred to as the
Special Rapporteur's mission report). Mission to Côte d'Ivoire (4-8 August 2008) and the Netherlands
(26-28 November 2008) § 60.
60
44
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents