ESCR-Net Caselaw Database: A database of ECONOMIC, SOCIAL AND CULTURAL RIGHTS related jurisprudence, cases and other decisions
WELCOME TO THE ESCR-NET CASELAW DATABASE, a collaborative project developed under the leadership of the Steering Committee Members, our Academic partners, and many groups and individuals working to advance economic, social and cultural rights (ESCR) throughout the world. The Caselaw database makes ESCR-related pleadings, commentary and decisions available to a wide audience of ESCR activists and defenders from a range of countries, legal traditions and languages (Spanish and English). In doing so, it serves to facilitate the exchange of information and strategies, disseminate tools for a rights-based approach to social injustice, encourage discussion of crucial challenges for ESCR advocacy, and inspire joint projects.
Please contact us at email@example.com, if you are interested in getting involved in this project. The database is a work in progress and we hope to develop it further with the involvement of interested ESCR advocates and organizations.
We wish to express our thanks and appreciation to all the advocates, researchers and rights claimants who contributed to the creation of this database.
Constitutional challenge to several of the articles and provisions of the Bolivian Criminal Code for alleged gender discrimination against women in several of the articles.
Three Namibian women sued the Government of the Republic of Namibia alleging that they were subjected to coerced sterilization immediately after giving birth via Caesarean section. The women alleged constitutional violations, lack of informed consent, and discrimination based on their HIV-positive status. The High Court ruled in favor of the women in 2012, and ordered damages. The Namibian government appealed the ruling to the Supreme Court, which upheld the decision of the High Court on November 2, 2014. The court found that the women did not give informed consent for the sterilizations because they were going through labor pains and could not adequately weigh their options, but found that the women had not demonstrated that the decisions to sterilize them had any relation to their HIV-positive status. The women were supported by the Namibian Women's Health Network (NWHN), the Legal Assistance Centre (LAC) and the Southern Africa Litigation Centre (SALC).
Communication arguing violations to the right to equality and non-discrimination and right to work and employment of a person with disabilities. Whether existing legislation violates rights of persons with disabilities by effectively excluding them of the labor market.
Indirect amparo action 1669/2012, filed in the Third District Court on Administrative Matters at the Federal District against various responsible authorities, including the National Commission of Social Protection in Health, the Technical Committee of the Trust for the System of Social Protection in Health and the National Institute of Respiratory Diseases “Ismael Cosío Villegas” (INER). These authorities are accused of failing to take all necessary measures to guarantee and implement INER patients’ right to the enjoyment of the highest attainable standard of physical and mental health. The Center for Analysis and Research (FUNDAR), a member organization of the International Network of Economic, Social and Cultural rights (ESCR-Net), litigated the case in the federal courts of Mexico.
Constitutional Court decision balancing the right of a municipality to evacuate citizens from a tract of land deemed to be a “disaster area” against the rights of individuals not to be evicted from their homes until a Court has considered all of the circumstances and consequences that would result from their eviction; right to housing
Following a newspaper report on a destitute woman who died on a busy street four days after giving birth to a baby girl, the Court brought this public interest litigation (PIL) on its own motion. The Court held that under Article 21 of the Indian Constitution, the government must create at least five shelters exclusively for pregnant and lactating women with medical aid and food so that no destitute woman would be compelled to give birth on the street.
Petition against five government institutions seeking mandamus for provision of services for women’s health relative to uterus prolapse, implementation of educational programs, and the drafting of a bill on women’s reproductive health.
Petition by an indigenous community involving their traditional territory, which had been sold by the State to private persons. Violation of the right to communal property, due legal process, court protection, right to life, personal integrity, legal standing, children’s rights, right to non-discrimination.
Petitioner argued violations of the right to life, to health and to a healthy environment caused by a coal mine in Colombia. Precautionary principle; relationship between right to a healthy environment and to privacy.
Action to protect constitutional rights alleging failure to comply with environmental protection requirements. Obligation to adopt measures to safeguard the environment in case of risk posed by development activities. Relationship between pollution and right to life, right to health, right to preservation of the environment and to preservation of nature.
Constitutional action (tutela) brought to protect the right to receive disability benefits. Whether, and in which cases, the tutela is the right procedure to obtain disability pension and to protect minimum core obligations; application of the favorability principle when two laws are applicable to one particular situation.
Claim presented to South African courts for the protection of children’s right to basic education (art. 28, South African Constitution). Provision of essential school furniture to public schools in Eastern Cape.
Petition alleging violation of the principle of equality in the allocation of state lands and discrimination on grounds of nationality.
Application to challenge the granting of logging and mining concessions within the traditional territory of a tribal community; Violations of the rights to the use and enjoyment of the territory; Right to communal property, Right to Judicial Personality in relation to the right to property; Right to judicial protection, all in relation to the obligations to respect, ensure and give domestic legal effect to the rights of the American Convention on Human Rights.
Appeal to the High Court of Australia for the recognition of native title rights to access resources (fish) for commercial purposes in native title areas.
Appeal by informal traders in Johannesburg, South Africa of a high court’s dismissal of application for interim relief from a citywide program (Operation Clean Sweep) that bans their trading activities. Dismissal did not recognize the urgency of traders’ application. Removal from trading location prevents right to trade, traders have no means to earn a living until a decision on the lawfulness of Operation Clean Sweep is reached. Interim relief would allow workers to continue to trade until the high court was ready to hear arguments on the case.
Four clubbed Writ Petitions involving the right to housing – Sudama Singh & Ors v Govt of Delhi, Maya Devi & Ors. vs Govt of Dehi, Majnu vs. Commissioner of Municipal Corporation of Delhi, and Mukundi Lal Chauhan & Ors. vs. Municipal Corporation of Delhi. Writ petitions brought on behalf of residents of slum clusters whose huts had been demolished by government land development agencies in order to advance road development projects, aimed at facilitating the holding of the 2010 Commonwealth Games in New Delhi.
Claim of local herders living in Tuya bag, Burenkhaan soum of Huvsgul province, against the mining of a phosphate deposit on their lands. Negative impact on environment and health, destruction of sacred mount in Tuya bag, and irreversible pollution of Huvsgul lake (the main source fresh water source in the country), if mining operations start.
Order for creation of a Criminal Injuries Compensation Board and guidelines for victims of sexual assault to enforce and protect fundamental rights. Systemic remedy in criminal complaint alleging numerous violations of the Indian Penal Code for deceiving complainant, into sexual intercourse, cohabiting, unlawful marriage, and abortion. Enforcement of fundamental rights against private bodies and individuals. Fundamental right to life (Article 21 of the Indian Constitution). Creation of guidelines in support to victims without access to medical, psychological and legal services.
Appeal of dismissal of drug company’s petition seeking to prevent Drug Controller General of India (DCGI) from granting another drug company marketing approval of a generic version of its patented drug. Protection of private patent rights at cost of depriving access to and affordability of life-saving treatments, contrary to public health care interests.
Decision by the Supreme Court of Justice regarding an amparo action under review. Consultation with indigenous peoples on environmental impact issues. Construction of “Independencia” aqueduct, which would carry water from the Yaqui river (which belongs to the Yaqui tribe) to the city of Hermosillo, Sonoro, Mexico.
Collective complaint under the Revised European Social Charter by the European Roma Rights Center, alleging violations of the right of the family to social, legal and economic protection (Article 16), the right to protection against poverty and social exclusion(Article 30), the right to adequate housing (Article 31) and the non-discrimination clause (E). European Social Charter. CESCR. CERD.
Challenge to termination of lease and eviction by private landlord as contrary to Rental Housing Act and the constitutional right to housing; whether a landlord may cancel a lease, consistent with the terms of the lease, in order to raise the rents on the tenants; Rental Housing Act 50 of 1999.
Petition for review of certain expressions in the Public Domestic Utilities Act (Law 142/94) argued by public interest litigators and filed by leaders of waste collectors, given that the expressions violated constitutional protections regarding equality, participatory democracy, freedom of association, free competition as well as the strengthening of solidarity-based property and solidarity-based economy, the contracting capacity of non-profit organizations, State intervention in the economy for the promotion of an equitable distribution of opportunities, and Congress’ regulatory power regarding public utilities.
Writ of Protection (Tutela) in a case argued by a public interest litigator and filed by leaders of organized waste pickers in Bogota (ARB), seeking the inclusion of informal, traditional waste collectors (recyclers) in the privatization process of waste management in Bogota. Alleged violations of the rights to equality, due process, and work. Substantive equality. Affirmative action.
Tutela on labor rights. Amicus strategically presented to claim for protection of rights to livelihood, to work, to a life with dignity, and to development among others. Informal Waste Pickers in Cali. Eviction. Sedentary waste pickers prohibited by Decree 838/05 from working in new sanitary landfills and urban waste pickers prohibited by Law 1259/08 from recuperating recyclables from trash bags on curbs and transporting them in non-motorized vehicles.
Public Interest Litigation (PIL) petition requesting the Indian Supreme Court to direct the Union of India and all Indian state governments to implement the Ministry of Health and Welfare’s Guidelines on Standards of Female Sterilization, enacted in October 1999. The petition further sought compensation for victims of medical negligence in sterilization procedures, as well as accountability for violations of the guidelines. Reproductive Rights, Right to Health, Women’s Rights.
Constitutional Court decision concerning the State obligation to ensure access to education in the official language of one’s choice (section 29(2) of the Consitution); Remedial action against past discrimination; Affirmative State obligation; Negative State obligation; Statutory delegation of powers; Right to education in a language of one’s choice; Constitutional rights and remedies; Right to due process
Complaint alleging the State's failure to acknowledge indigenous communities property rights over ancestral land. Protecting territory through a collective right to private property. Violation of right to life by depriving communities of traditional means of livelihood. State obligation to adopt positive measures to fulfill dignified life standard. Priority treatment of vulnerable groups.
Petition alleging Jean Mouisel’s rights under Article 3 of the European Convention on Human Rights were violated. In the context of serious illness, Mouisel’s continued detention, and conditions of detention constituted torture or inhuman or degrading treatment or punishment; right to adequate medical treatment; right to conditional release for serious illness; right to be free from excessive hardship due to incarceration; State’s positive obligations to elderly, sick or frail prisoners.
Petition alleging Mark Keenan and his mother Susan Keenan, rights to life, not to be tortured and to have access to effective remedies under the European Convention on Human Rights were violated. No adequate remedy for the violation of Mark Keenan’s rights under the Convention; right to psychiatric treatment; Right to adequate medical treatment; lack of access to psychiatric/medical treatment as inhuman and degrading treatment; right to protection from self harm; Lack of effective domestic remedy for violations of the ECHR; States’ positive obligations to protection from self harm.
Petition by VDA, on behalf of her daughter LMR, alleging violation of LMR’s rights under the International Covenant on Civil and Political Rights (ICCPR). Alleged violations include the right to freedom from torture or other cruel, inhuman or degrading treatment, and the right to privacy; right to be free from discrimination in access to medical care; right to privacy regarding medical treatment decisions; right to access to medical care; right to a legal abortion.
Collective complaint brought to the European Committee of Social Rights (ECSR) under Article 16 of the European Social Charter (ESC); Right of the family to social, legal and economic protection; Remedies; Due process; Forced evictions; Right to social rights without discrimination under the preamble of the ESC.
Suit aimed at the enforcement of previous Supreme Court decision. Sexual harassment at the work place. Vishaka guidelines.
Interlocutory application for mandatory injunction brought by the mother of an autistic four-year old against the Minister for Education and Science to provide her child a free and appropriate pre-school education. Right to free primary education appropriate to his needs; Article 13 (Effective Remedy) and Article 2 of the First Protocol (Right to Education) of the European Convention on Human Rights Act.
Order of Mandamus brought on behalf of applicant suffering from profound and severe mental and physical disabilities against the Minister for Health, the Minister for Education, and the Attorney General to compel the provision of free primary education.
Petition brought by Disability Advocates, Inc. (DAI) claiming violation of the Americans with Disabilities Act’s (ADA) and Rehabilitation Act’s integration mandate with regards to individuals in New York State’s adult care facilities; Denial of access to supportive housing; Services must be provided in most integrated setting appropriate to the needs of persons with disabilities; Disability-based discrimination; Fundamental alteration defense.
Petition by Sven Glor alleging violations of rights under the European Convention on Human Rights. Analysis of article 14 (prohibition of discrimination) in conjunction with Article 7 (right to respect for private and family life); Right to private life; Reasonable accommodation of a physical disability; Prohibtion against discrimination on grounds of a physical disability; Prohibtion against discrimination based on level of physical disability.
Lawsuit challenging the employment termination of Georgina Ahamefule, auxiliary nurse by the Imperial Medical Center, by the Chief Medical Director, Dr. Alex Molokwu, based on her HIV-positive status. Right to health; Right to informed consent for HIV testing; Right to pre and post HIV test counseling.
Submissions by the Higher Social Court of North Rhine-Westphalia to the German Constitutional Court on the right to a minimum existence; Asylum seekers; Social Benefits; Asylum Seekers; Fundamental Right to a Dignified Minimum Standard of Living.
Communication presented to the Committee, alleging dismissal of a woman due to gender-based discrimination at work; Gender-based stereotypes and the right to work; Access to Justice.
Decision challenging restriction of health benefits provided by the State to legal immigrants. Equal protection, immigration law, and social welfare.
Writ of injunction (tutela) aimed at the protection of women's reproductive and health rights as well as children's rights to health, dignity, personal integrity and free development of their personality; Undue delay in providing for an abortion permitted by the law; Recognition of women's right to privacy and anonymity as well as reaffirmation of women's right to abortion as a reproductive right (both in terms of autonomy and access to health services).
Complaint alleged the educational needs of children with severe and profound intellectual disabilities were not being adequately met by the South African and Western Cape governments; Right to education; Right to equality and non-discrimination; Disability rights; Right to human dignity; Children's right to protection from neglect and degradation; Implementation of national laws and policies; Reasonableness of state policy.
Communication that Ms. A.S.'s rights were violated when a doctor in a public hospital performed a forced sterilization procedure without providing adequate information regarding the sterilization procedure to obtain Ms. A.S.'s free and informed consent; Requirements of free and informed consent; Right to decide the number and spacing of children; Right to access sexual and reproductive health education and family planning information; Exhaustion of Domestic Remedies; Equality and Non-discrimination.
Petition opposing ending of exemption of poor illegal immigrants from charges for medical and hospital treatment; right to medical assistance for illegal migrants and their children; interpretation of provisions excluding illegal migrants from European Social Charter; rights of adult illegal migrants not violated but right of children to protection violated.
This factsheet provides a basic overview of the content of economic, social and cultural rights for women.
The working paper, “Seeding Hope? Land in the International Human Rights Agenda: Challenges and Prospects” builds on the work of many members to promote a stronger international recognition of human rights issues related to land, and to elevate the perspectives and demands of social movements in human rights advocacy relating to issues of land and territory..
The toolkit has been created for NGOs and other civil society groups as well as States, in order to facilitate international and national advocacy work for the ratification of the Protocol and the national implementation of economic, social and cultural rights. The Toolkit includes four Booklets, downloadable on this page.
Proceedings before domestic courts, administrative tribunals, international judicial and quasi-judicial bodies and other legal entities are key avenues through which the implementation of ESCR may be advanced.