DEMOLITION OF A MOBILE PHONE MAST IN SANTA CRUZ CONFIRMED BY THE APPEAL COURT IN RANCAGUA
Christiane Tourtet B.A.
January 01, 2010
The mobile phone company Entel PCS , was ordered by the Commission of the Appeal Court in Rancagua ( Chile) to dismantle a mobile phone mast in the O´ Higgins district in the town of Santa Cruz.
In a decision that was unanimous, with the defense being undertaken by lawyer Carlos Aranguiz, the public minister Carlos Banados of the first Chamber of the Appeal Court, passed judgment, in favor of Diego Cardoen Delano, representative of the Cardoen Foundation, who made and presented the demand for the protection of the public.
The judgment established that " with regard to number 1 of article 19, ( right to life and to physical and psychological integrity), number 9 ( right to health protection) and number 8 (right to live in a healthy environment free from all pollution), the installation of the structure violates the constitutional rights, of the political Constitution of Chile ".
The decision taken by the Court, indicates that they are two specific factors, in the appeal that led to this injunction. The first one, the most important one, is a report from the Institute of Public Health, which acknowledges that human health is damaged by the harmful effects of the radiation that is produced by phone masts.
The second aspect that was taken into account, at the end of the judgment,
by the magistrates, was that the installation of this phone mast in the region of Santa Cruz, caused what is called "visual pollution" in a typical landscape that ought to be preserved.
This exemplary Appeal Court´s judgment is quite significant since it tells the public, that authorities are openly admitting that relay antennas may carry risks to public health. It is hoped that many more judgments of this type will occur in many others countries in the world for the protection of the health of the public.
Resource :
www.next-up.org
© 2010 Christiane Tourtet .
In a decision that was unanimous, with the defense being undertaken by lawyer Carlos Aranguiz, the public minister Carlos Banados of the first Chamber of the Appeal Court, passed judgment, in favor of Diego Cardoen Delano, representative of the Cardoen Foundation, who made and presented the demand for the protection of the public.
The judgment established that " with regard to number 1 of article 19, ( right to life and to physical and psychological integrity), number 9 ( right to health protection) and number 8 (right to live in a healthy environment free from all pollution), the installation of the structure violates the constitutional rights, of the political Constitution of Chile ".
The decision taken by the Court, indicates that they are two specific factors, in the appeal that led to this injunction. The first one, the most important one, is a report from the Institute of Public Health, which acknowledges that human health is damaged by the harmful effects of the radiation that is produced by phone masts.
The second aspect that was taken into account, at the end of the judgment,
by the magistrates, was that the installation of this phone mast in the region of Santa Cruz, caused what is called "visual pollution" in a typical landscape that ought to be preserved.
This exemplary Appeal Court´s judgment is quite significant since it tells the public, that authorities are openly admitting that relay antennas may carry risks to public health. It is hoped that many more judgments of this type will occur in many others countries in the world for the protection of the health of the public.
Resource :
www.next-up.org
© 2010 Christiane Tourtet .
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