Groningen Centre for Health Law

At the time of writing there is a remarkable case pending in the Netherlands concerning the effects of air pollution on the health of the population. Two foundations and 57 individual plaintiffs have launched a case against the Dutch State in which they ask the court to order the State to reduce air pollution below the European maxima to the norms set in the World Health Organization (WHO) guidelines on air quality. If the case is successful, this will have significant consequences for the government as it will be ordered to protect the health of its citizens in a more effective manner by improving air quality. What are the chances of the plaintiffs succeeding in winning the case?

The PhD research examines the national implementation of the right to health with a particular focus on Greece. For this reason, the research builds upon two interconnected parts, Part I and Part II. Part I seeks to identify the primary standards deriving from the right to health on the basis of human rights law by employing evidence from various sources: The UN, Council of Europe and human rights doctrine. Part II is a case study examining the Greek context relating to the right to health whilst considering the particular challenges within Greece such as, economic austerity.

On 14 September 2016, the Court in The Hague ruled that the possibility to smoke in designated smoking areas in publicly accessible places is in line with Article 8(2) of the Framework Convention on Tobacco Control (hereafter: FCTC). This provision states that State Parties to the FCTC shall adopt, as determined by national law, and actively promote ‘measures, providing for protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places’. According to the Court, Article 8(2) of the FCTC lacks ‘direct effect’ in the Dutch legal order in the sense of Article 94 of the Dutch Constitution. This, contrary to the ruling of the Dutch Supreme Court (Hoge Raad) on 14 October 2014, where Article 8(2) FCTC was declared to have ‘direct effect’.

The report titled “Quickscan Gezondheidszorg asielzoekerskinderen in Nederland” was commissioned and published by the UNICEF-led Working Group on Children in Asylum Seeker Centres (Werkgroep Kind in azc).

An investigation into the effects of tobacco control laws by a group of medical researchers sends an important message to law and policy makers. The study reveals that tighter tobacco control laws and policies, especially those introducing an extension of the smoke-free law to the hospitality industry, in combination with a tax increase and a public campaign, leads to less babies being born with low birth weight.

Op 28 april 2016 zal Gerrit-Jan Pulles, advocaat bij Van der Woude de Graaf een lezing houden over de doorwerking van sociaal-economische mensenrechten in de nationale rechtspraktijk.

There should be more emphasis on an individual assessment of the needs of persons who might be particularly susceptible to harm.

The present study analyzes the preventive health care provisions for nationals and undocumented migrants in Germany, the Netherlands and Spain in light of four indicators derived from the United Nations Committee on Economic, Social and Cultural Rights’ General Comment 14 (GC 14).

With the high number of asylum seekers arriving in Europe, states increasingly struggle to simultaneously accommodate the interests of their citizens and abide by their human rights obligations.

on November 9th, 2015 the Court of First Instance in The Hague took a decision in the case concerning the close ties between the Dutch Government and the tobacco industry.