ESCR-Net

International Network for Economic, Social and Cultural Rights
Working together to make human rights a reality for all.

Find Cases

Enter Keyword
Select Forum
Select Thematic Focus
Follow us on Twitter

Caselaw

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.   

Our GOALS are:

  • to encourage discussion of crucial challenges for ESCR advocacy and to inspire joint projects and actions to address those challenges
  • to disseminate tools for a rights-based approach to economic and social justice, and to encourage the use of legal strategies as valid and effective means for claiming economic, social and cultural rights
  • to increase collaboration and facilitate the exchange of information among NGOs, community-based organizations and other civil society organizations working towards claiming the fulfillment of economic and social rights

The database is a work in progress and we hope to develop it further with the involvement of interested ESCR advocates and organizations.

                     

Highlighted Issue Areas:

  Women's ESCR

Right to Health

Corporate Accountability

Trade, Investment and Finance

        

Get involved!

Please subscribe to the justiciability listserve to send proposals, new cases, and information or share strategies with other ESCR advocates interested on ESCR enforceability.   

Please contact us at rbrown@escr-net.org or write to the justiciability group if you:
- are interested in getting involved in this project
-
have additional information on these or other cases or translations of legal documents or secondary documentation
- know of other important cases that should be added
- want to share new strategies to adjudicate ESCR
- have proposals for joint actions and project on ESCR adjudication

How Do We Select Cases for the Caselaw Database?

We wish to express our thanks and appreciation to all the advocates, researchers and rights claimants who contributed to the creation of this database. 

Featured Cases

Constitutional Petition No. 2 of 2011 (Garissa)

Kenyan High Court
November 16, 2011

Kenyan High Court decision concerning the implementation of economic, social, and cultural rights based on Kenya's new constitution and international human rights law; International human rights norms and their application in domestic jurisdiction; Justiciability of economic, social, and cultural rights;   Access to legal remedies; Due process.

Prakash Mani Sharma v. Ministry of Women, Children and Social Welfare & Ors., SCN, Writ No. 2822 of 2062

Supreme Court of Nepal
November 28, 2008

Supreme Court order requiring State enforcement of international and constitutional protections of women in the workplace; International and constitutional protections of women's rights; Employment law; Positive obligations; Sexual harassment and dangerous/hostile work environment; Judicial review; Standing

Report and Recommendation on Request for Inspection, Re: Argentina - Special Structural Adjustment Loan 4405-AR (Pro-Huerta Case)

Inspection Panel of the World Bank
December 16, 1999

Request for investigation brought before the World Bank Inspection Panel, requiring the WB to instruct the Government of Argentina to review its budgetary allocations awarded to social programs within the framework of the Special Structural Adjustment Loan, No. 4405-AR (63991). Alleged violation of General Comment No. 12, and as recognized under Article 11 (right to food and to adequate nutrition/adequate standard of living).

Langaville Informal Settlement case

High Court of South Africa, South Gauteng, Johannesburg Division
December 6, 2011

Application by the residents of Langaville Informal Settlement, Gauteng Province seeking an order for the Ekurhuleni Metropolitan Municipality to provide sufficient access to water and basic sanitation. Right to water and sanitation.

Case of N v. The United Kingdom

European Court of Human Rights
May 27, 2008

Appeal on asylum seeker's behalf to remain in the United Kingdom in order to continue to receive necessary antiretroviral treatment and support for AIDS-related illnesses. Articles 3 (prohibition of torture) and 8 (Right to respect for private and family life) of the European Convention on Human Rights (ECHR).

R. (Adam and Limbuela) v. Secretary of State for the Home Department

House of Lords, UK
November 3, 2005

Appeal on behalf of asylum seekers who were denied support by the Secretary of State. Refusal of support. Risk of deprivation with regard to overnight accommodation, food and other basic rights (Article 3 of the European Convention on Human Rights 1950).

View All Cases >

Additional Resources

ESCR-Justice: Monthly Caselaw Update

New Issue! ESCR-Justice is a monthly update highlighting an important economic, social or cultural rights case that has been added to the Caselaw Database. 

Read more >

Resource Page on Justiciability of Economic, Social and Cultural Rights (ESCR)

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.

Read more >

 

ESCR-Net - International Network for Economic, Social & Cultural Rights    © ESCR-Net

Tel/Fax: +1 212.681.1236/1241 | info@escr-net.org | google | an iapps site