International Network for Economic, Social and Cultural Rights
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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:
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:
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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 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 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)
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
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
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
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).
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 >