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Caselaw Search Results (94)

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Date Case title Forum Country Nature of the Case
August 14, 2006 A.S. v. Hungary, Communication No. 4/2004, CEDAW/C/36/D/4/2004 UN Committee on the Elimination of Discrimination Against Women Hungary

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.

January 22, 2004 Acción de tutela instaurada por Abel Antonio Jaramillo, Adela Polanía Montaño, Agripina María Nuñez y otros contra la Red de Solidaridad Social, el Departamento Administrativo de la Presidencia de la República, el Ministerio de Hacienda y Crédito Público, el Ministerio de Protección Social, el Ministerio de Agricultura, el Ministerio de Educación, el INURBE, el INCORA, el SENA, y otros. Constitutional Court of Colombia, Third Chamber of Appeals. Colombia Tutela action to protect the rights of displaced persons. Prolonged, repeated mass violation of rights caused by structural problem. The Government’s obligation to comply with constitutional and legal mandates, and to allocate enough resources to guarantee effective enjoyment of rights. Minimum rights of displaced people.
May 12, 2005 Aguas Argentinas S.A., Suez Sociedad General de Aguas de Barcelona S.A., Vivendi Universal S.A. c. República Argentina. Caso Nº ARB/03/19. International Center for Settlement of Investment Disputes (ICSID). Argentina Petition to access information and participate at investment arbitration tribunal. Right to act as amicus curiae when public interest and human rights are at stake.
July 29, 2001 Ain o Salish Kendra (ASK) v Government and Bangladesh & Ors 19 BLD (1999) 488. Supreme Court of Bangladesh Bangladesh Residents and public interest organizations challenged slum demolition by government authorities; eviction deprives residents of means of livelihood and consequently right to life; obligations to provide natural justice before eviction; resettlement was recommended but not a right..
October 9, 1979 Airey v Ireland 32 Eur Ct HR Ser A (1979): [1979] 2 E.H.R.R. 305 European Court of Human Rights Ireland Mrs Airey claimed that the rights to a fair trial, respect for family life and non-discrimination guaranteed a right to legal aid in cases for judicial ordered separation; positive obligations of State; economic and social nature of civil and political rights; self-representation may not result in effective remedy; legal assistance to be provided where indispensable for determination of civil rights.
January 19, 2001 Amilcar Menéndez, Juan Manuel Caride, et al. Case Nº 11.670. Report Nº 03/01 Inter-American Comission on Human Rights Argentina Petition alleging court delay in protecting right to social security. Consequences on right to health, wellbeing and life. Competence of Inter-American Commission of Human Rights to hear tried violations of economic, social and cultural rights enshrined in American Declaration on Human Rights.
Asociación de Comunidades Aborígenes Lhaka Honhat. Caso Nº 12.094. Inter-American Comission on Human Rights Argentina Petition based on infrastructure project planned in indigenous land without duly consulting communities or conducting relevant socio-environmental impact report. Friendly settlement proceedings aimed at handing over land. Request for interim measures alleging failure to comply with commitments assumed within friendly settlement proceedings.
July 5, 1980 Azad Rickshaw Pullers Union (regd.) Ch. Town Hall, Amritsar V. State of Punjab & Ors 1981 AIR 14 1981 SCR (1) 366 Supreme Court of India India

Petition challenging the constitutionality of a ban on non-owner rickshaw drivers; Whether the opportunity to own a rickshaw is a protected right; Whether negative bans promoted social justice sufficient under Article 38 of the constitution; Whether judicial engineering promotes social justice better than strict legal interpretation; Whether the state has a duty to provide access to rickshaw ownership; Right to Access Justice; Right to Work; Judicial Engineering.

April 20, 2004 Azanca Alhelí Meza García, Expte. N.° 2945-2003-AA/TC. Tribunal Constitucional, Peru Peru Amparo action seeking drugs needed to treat HIV/AIDS. Judicial order to provide full treatment. Social rights as a citizen's guarantees before the State. Principle of progressive realization. State obligation to adopt concrete and permanent actions to implement public policies.
February 2, 2001 Baena, Ricardo et al. (270 workers v. Panama) Inter-American Court of Human Rights Panama Complaint with Inter-American Commission of Human Rights alleging arbitrary dismissal. Obligation to respect minimum due process guarantees in administrative proceedings. Use of right to adequate judicial protection to guarantee effective realization of rights to work and to freely associate for labor purposes.
October 15, 2004 Bhe v. Magistrate Khayelitsha & Ors. 2005 (1) BCLR 1 (CC), 15 Oct. 2004 Constitutional Court of South Africa South Africa In three cases, the applicants and public interest organisations challenged inheritance laws that favoured males; rights of African women and children to inheritance; Black Administration Act that recognised customary law governing succession was discriminatory on grounds of race; customary law rules on male primogeniture discriminatory on grounds of race, gender and birth.
December 5, 1979 Callahan v. Carey, No. 79-42582 (Sup. Ct. N.Y. County, Cot. 18, 1979) Supreme Court of New York United States of America Class action law suit under Article XVII, §1 of the New York State Constitution by homeless men for “the aid, care and support of the needy”. Whether action is justiciable. Temporary mandatory injunction ordering State to provide adequate shelter. Right to assistance. Minimum standards. Supervision of Consent Decree.
January 9, 2001 Campaign for Fiscal Equity v. State of New York et al. 719 N.Y.S.2d 475 Supreme Court of New York United States of America Challenge against state school funding system on the basis of the the Education Article of the New York Constitution (Article XI § 1); remedies; allocation of resources; adequacy of funding; discrimination against minorities through inadequate funding; Time permitted for legislature to devise appropriate remedy.
April 27, 2010 Case No 2457/64 Challenging the New Drug Pricing System Court of Administrative Justice Egypt

Lawsuit challenging Minister of Health decree 373/2009 establishing a new pricing system which constitutes a violation of the right to access medicines; Right to Health; Domestic Application of International Law.

March 13, 2001 Case No. 2000-08-0109 Constitutional Court of Latvia (“On Compliance of Item 1 of the Transitional Provisions of the Law “On Social Insurance” with Articles 1 and 109 of the Satversme (Constitution) of the Republic of Latvia and Articles 9 and 11 (the First Part) of the December 16, 1966 International Covenant on Economic, Social and Cultural Rights”), Riga, 13 Constitutional Court of Latvia Latvia Latvian parliamentarians claimed before the Constitutional Court that certain employers were not paying social insurance premiums into a fund for their employees; failure of State to ensure all social insurance premiums paid by employers; use of international human rights law; State obliged to develop efficient mechanism of implementation for guaranteeing right to social security; social insurance legislation ineffective.
December 21, 2009 Case No. 2009-43-01 On Compliance of the First Part of Section 3 of State Pensions and State Allowance Disbursement in 2009 – 2012) insofar as it Applies to State Old-Age Pension with Article 1, Article 91, Article 105 and Article 109 of the Satversme (Constitution) of the Republic of Latvia. Constitutional Court of the Republic of Latvia Latvia

Petition brought by pensioners to challenge the constitutionality of the state pension law, which temporarily restricted payment of pension funds; Right to social security; Domestic application of international law; Older person's rights.

February 28, 2003 Case of the “Five Pensioners” v. Perú Inter-American Court of Human Rights Peru Complaint alleging violation of rights to property and judicial protection, as well as of obligation to achieve progressive realization. Violation of right to judicial protection through failure to comply with final court decisions. Violation of right to property through decrease in pension amount.
November 19, 1999 Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Inter-American Court of Human Rights Guatemala Petition related to the death of five street children. Interpretation of right to life as including minimum conditions for a dignified life. The States' obligation to adopt special measures aimed at children. Interpretation of American Convention based on International Convention on the Rights of the Child.
June 17, 2005 Case of the Indigenous Community Yakye Axa v. Paraguay Inter-American Court of Human Rights Paraguay Complaint alleging the State's failure to acknowledge indigenous communities property rights over ancestral land. Protecting territory through 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.
September 8, 2005 Case of the Jean and Bosico Children v. The Dominican Republic Inter-American Court of Human Rights Dominican Republic Petition alleging violation of rights to nationality and education of girls of Haitian descent born in the Dominican Republic. Right to nationality as a way to have civil and political rights acknowledged. Obligation to respect right to non discrimination in granting nationality. Precautionary measures to prevent deportation and to guarantee right to education of a girl in school age.
August 31, 2001 Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua Inter-American Court of Human Rights Nicaragua Petition alleging the State's failure to demarcate communal land, to protect the indigenous people's right to own their ancestral land and natural resources, and to guarantee access to effective remedy. Violation of right to judicial protection and private property. Prohibition imposed upon the State to grant concessions to third parties in the said land. Obligation to take measures to demarcate indigenous people's land and issue land titles.
February 4, 2010 Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, 276/2003 African Commission on Human and People's Rights Kenya

Complaint against Kenyan government alleging violations under the African Charter on Human and Peoples' Rights, the Constitution of Kenya and international law, for the forced removal of the Endorois peoples from their ancestral lands; Violation of Land and Natural Resource Rights; Violation of Indigenous Rights; Freedom of Religious and Cultural Practices; Right to Development.

January 18, 2001 Chapman v. The United Kingdom (Application no. 27238/95) European Court of Human Rights United Kingdom

Challenge of a decision by UK national authorities that denied a Gypsy family permission to site caravan on land they owned; whether there was a violation of the right to enjoy the best state of physical and mental health; whether there was a violation of the prohibition of discrimination; special obligation regarding vulnerable and minority groups.

March 5, 1985 Comunidad Yanomami. Caso Nº 7615. Resolución Nº 12/85. Inter-American Comission on Human Rights Brazil Petition related to mass presence of foreigners and mining development in indigenous land. Human rights violations caused by the State's failure to provide adequate protection for the safety and health of indigenous communities. Indigenous peoples' rights to receive special protection.
May 15, 1999 Cruz del Valle Bermúdez y otros vs. MSAS s/amparo. Expediente N° 15.789. Sentencia N° 196. Tribunal Supremo de Venezuela Venezuela Amparo action to obtain supply of the drugs needed to treat persons living with HIV/AIDS. Court order urging Health and Assistance Ministry to deliver the drugs on a regular and reliable basis. Order to correct budgetary allocation and to develop preventive policies including information, awareness, education and full assistance programs.
July 31, 2008 Decision T-760 of 2008 Colombian Constitutional Court Colombia

Review of 22 tutela* actions caused by situations that disregard the constitutional right to health in Colombia; Synthesis of the Colombian case law on the right to health; Court orders to correct structural failures in the Colombian public health system; Declaration of the right to health as a fundamental right; Access to quality and prompt sanitary services guaranteed by the right to health.


*A tutela is a special constitutional writ of protection of human rights. The tutela is a constitutional actions introduced by the Colombian Constitution of 1991, by virtue of which any citizen may directly request any judge in the country to protect his or her fundamental rights when they are being violated by a state agent or an individual to which the person is subordinated, and when there is no other legal action that can effectively be used to prevent the right violation from continuing. Judges must decide within a short period of time (ten days). Tutela petitions are decided by the tutela judge's hierarchic superiority, and all tutela decisions are automatically sent to the Constitutional Court, which can discretionally review any case. These cases are decided by different sections of the Court, each composed of three Justices. The Court can decide to review several tutela petitions on the same right simultaneously

February 3, 1997 Defensor del Pueblo, doctor Jaime Córdoba Triviño (en representación de varias personas integrantes del Grupo Etnico Indígena U'WA) c/ Ministerio del Medio Ambiente y Occidental de Colombia, Inc. s. Acción de tutela. Constitutional Court of Colombia in plenum Colombia Amparo action against an oil project license. Right of indigenous peoples to participate through consultations in decisions that may affect them. Defense and preservation of indigenous land. Complaint before the Inter-American Commission of Human Rights for failure to comply with decision.
March 2, 2005 Demanda de inconstitucionalidad por omisión de la Asamblea Nacional al promulgar la Ley Orgánica de Seguridad Social. Supreme Court of Venezuela, Constitutional Division Venezuela Constitutionality action alleging failure to protect and fulfill right to social security, workers' rights and principle of progressiveness. Court order requiring Asamblea Nacional (Parliament) to remedy failure and to pass unemployment benefit scheme.
November 6, 2003 Doucet-Boudreau v. Nova Scotia (Minister of Education )[2003] Supreme Court of Canada Canada Constitutional challenge by the government of Nova Scotia to a remedial order under ss. 23 and 24(1) of the Canadian Charter requiring prioritized development of minority language French education with periodic reporting to court;  Right to (minority language) education; Positive obligations; Ongoing judicial supervision of implementation of remedy; Right to effective remedy to ESC rights violations.
December 20, 2001 Dunmore v. Ontario (Attorney-General), [2001] 3 S.C.R. 1016. Supreme Court of Canada Canada Application under Canadian Charter of Rights and Freedom section 2(d) (freedom of association) and section 15 (equality rights) challenging repeal of legislation allowing agricultural workers to organize and bargain collectively; Challenge to retrogressive measure;  Whether positive obligation to protect vulnerable workers.
October 2, 1989 Edgewood Independent School District v. Kirby. Cited as: 777 S.W. 2d 391 (Tex. 1989) Texas Supreme Court United States of America Constitutional challenge under Texas State Constitution to inadequate school financing system (Article VII§ 1); remedy
December 20, 2001 Eldridge v. British Columbia (Attorney General) [1997] 3 S.C.R. 624 Supreme Court of Canada Canada Application under Canadian Charter of Rights and Freedom section 15 (equality rights) by deaf patients challenging failure to provide sign language interpretation in the provision of healthcare.  Positive obligations to allocate resources reasonably.  Substantive equality and right to healthcare.  Discretionary decision-making.
September 29, 1999 Enxet-Lamenxay and Kayleyphapopyet (Riachito). Case Nº 11.713. Report No. 90/999. Inter-American Comission on Human Rights Paraguay Petition filed with the Inter-American Commission on Human Rights for violation of right to ancestral land. Friendly settlement. Transfer of claimed land and issuance of title documents in favor of indigenous communities.
June 22, 2001 Equal Opportunities Commission v. Director of Education, No. 1555 of 2000 High Court of Hong Kong Hong Kong SAR, China

Action by the Equal Opportunities Commission (EOC) against the Director of Education for systematic sex discrimination within the Secondary School Places Allocation (SSPA) program; Whether the Director of Education's policies violated the fundamental right of equal treatment; Scope of Hong Kong's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); Judicial Review of Education Policy; Right to Education on a basis of Non-discrimination; But for test of sex discrimination; Gender-based mechanisms; Application of the Principle of Proportionality.

December 5, 2007 European Federation of National Organisations Working with the Homeless (FEANTSA) v. France, Complaint No. 39/2006 European Committee on Social Rights France

Complaint alleging that the manner in which legislation related to housing is implemented in France resulted in a situation of non conformity with the right to housing; Article 31 (right to housing ) and Article E (non-discrimination) of the Revised European Social Charter; Housing Rights; Forced Evictions; Equality / Non-discrimination; Roma/Traveler's Rights.

December 8, 2004 European Roma Rights Centre v Greece. Cited as Complaint No. 15/2003 European Committee on Social Rights Greece Complaint alleging violation of right to housing of, and discrimination against, Roma in Greece; Article 16 and Preamble of European Social Charter.
April 9, 1987 F. H. Zwaan-de Vries v. the Netherlands, Communication No. 182/1984 (9 April 1987), U.N. Doc. Supp. No. 40 (A/42/40) at 160 (1987). United Nations Human Rights Committee Netherlands Applicant claimed that legislation which granted unemployment benefits to married men, but not married women, was discriminatory; Committee held that discriminatory legislation in the field of economic, social and cultural rights can violate right to equality in International Covenant of Civil and Political Rights; Legislation discriminatory on grounds of sex and marital status.
April 1, 2000 Federación Independiente del Pueblo Shuar del Ecuador (FIPSE) c. Arco Oriente s/ Amparo Tribunal Constitucional de Ecuador, Sala Primera Ecuador Court support for collective rights of indigenous organizations to cultural and land integrity. Violation of International Labor Organization (ILO) Convention No. 169 on indigenous and tribal peoples. Right to consultation and participation in the design, implementation and evaluation of plans and programs potentially affecting those peoples.
October 1, 2005 Free Legal Assistance Group and Others v. Zaire, Comm. No. 25/89, 47/90, 56/91, 100/93 African Commission on Human and People's Rights Democratic Republic of the Congo

Claim alleging the government of Zaire’s grave and massive violation of human rights under the African Charter on Human and Peoples’ Rights; violation of the right to enjoy the best state of physical and mental health; violation of the right to education.

October 4, 2000 Government of the Republic of South Africa. & Ors v Grootboom & Ors 2000 (11) BCLR 1169. (CC) Constitutional Court of South Africa South Africa Challenge to failure of governments to provide adequate housing under s.26 (right to adequate housing) and s.28 (Children's right to shelter) of the South African Constitution;  Failure of housing programme to address needs of those in desperate situations; Reasonable measures and allocation of resources;  Whether there is a right to minimum shelter; Minimum core content of right to housing; Extent of judicial deference to government policy choice; Appropriate remedy.
November 4, 2003 International Association Autism Europe v. France, Complaint No. 13/2002. European Committee on Social Rights France Autism Europe claimed France had failed to provide sufficient education to adults and children with autism; social rights can be progressively realised when very complex and expensive but realization must occur within a reasonable time with maximum use of available resources; lack of overall progress by France constituted a violation; France's method of securing funds for education through social health insurance system was a matter of governmental discretion.
September 9, 1999 International Commission of Jurists v Portugal, No. 1/1998 European Committee on Social Rights Portugal Claim by International Commission of Jurists that Portugal had failed to properly supervise child labour; Interpretation on prohibition of child labour; nature of States' obligations under European Social Charter; use of statistics as evidence; adequacy of measures taken by State; previous consideration of matter by Committee in periodic reporting procedure.
International Federation of Human Rights Leagues (FIDH) v. France, Complaint No. 13/2003, European Committee on Social Rights European Committee on Social Rights France

FIDH claimed that France had violated the right to medical assistance by ending the 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.

September 18, 2002 John Doe I, et al., v. UNOCAL Corp., et al., 395 F.3d 932 (9 Cir. 2002) US Court of Appeals - Ninth Circuit United States of America

Complaint alleged that Myanmar's military subjected villagers to forced labor, rape, torture and murder with the knowledge and support of Unocal, a U.S. oil and gas corporation, which created liability under the Alien Tort Claims Act (ACTA)[1]; Whether to be liable under ATCA a non-state actor must engage in state action; Whether Unocal was liable for aiding and abetting the Myanmar military in subjecting villagers to forced labor, rape, murder and torture; Scope of the legal liability of  transnational corporations for violations of human rights under ATCA.


[1] The Alien Tort Claims Act (ATCA) provides non-citizens of the United States the opportunity to bring a civil suit in US courts for a tort (injury) committed in violation of the law of nations (international law).

March 7, 2001 Jorge Odir Miranda Cortéz. Caso Nº 12.249. Informe de admisibilidad Nº 29/01. Inter-American Comission on Human Rights El Salvador Petition alleging failure to supply HIV drugs. Violation of right to equality, judicial protection and social rights. Request for precautionary measures to guarantee immediate supply. Competence of the IACHR to hear cases of violations of right to health as included in Article 26 of American Convention on Human Rights.
October 5, 2007 Judgment T-821/07 Colombian Constitutional Court Colombia

Challenge to decision denying registration of Applicant as an internally displaced person; Whether a tutela action was the appropriate vehicle to enforce rights; Whether displaced persons have right to own and possess land taken by force; Burden of Proof; Domestic Application of International Law; Right to an Effective Remedy.

April 28, 2009 K.H. and Others v. Slovakia, European Court of Human Rights, (Application no. 32881/04) European Court of Human Rights Slovakia

Application to European Court of Human Rights against decision of Slovakian courts stating that there was no right to photocopy medical records; Whether access to make handwritten notes from medical records is sufficient to fulfill the right to respect for family and private life under Article 8 of the ECHR; Whether the denying access to photocopy records necessary for litigation proceedings violates the right to a hearing before a tribunal under Article 6 § 1 of the ECHR; Right to Information on Sexual and Reproductive Health on a basis on non-discrimination and equality; Right to an Effective Remedy; Access to Justice.       

March 4, 2004 Khosa & Ors v Minister of Social Development & Ors. Cited as: 2004(6) BCLR 569 (CC) Constitutional Court of South Africa South Africa Application alleging that exclusion of non-citizens from social grant entitlements was unconstitutional on basis of Sections 27, 28 9, 10 and 11 South African Constitution ; unfair discrimination ; reasonableness ; general limitations clause
November 8, 1994 Länsman et al v Finland, Communication No. 511/1992, UN GAOR, 52nd Session, UN Doc. CCPR / C / 52D / 511 / 1992, opinion approved the 8 November 1994. United Nations Human Rights Committee Finland Indigenous herdsmen claimed stone quarrying interfered with traditional livelihoods and therefore cultural rights; Committee found that right to culture contains some limit on development activities that States Parties have no margin of discretion in development activities; but mining not significant in this case enough to breach right; importance of consultation in development.
October 8, 2009 Lindiwe Mazibuko & Others v City of Johannesburg & Others, Case CCT 39/09, [2009] ZACC 28 Constitutional Court of South Africa South Africa

Case alleging violation of the right to have access to sufficient water under Section 27 of the South African Constitution; Reasonableness of the City's scheme to progressively realize the right to water within maximum available resources; Scope of the right of access to sufficient water; Legality of pre-paid water meters.

December 9, 1994 López Ostra vs. Spain (Application no. 16798/90) European Court of Human Rights Spain

Complaint alleging the Spanish State’s failure to protect the home, private and family life of one of its citizens from the pollution caused by a waste treatment facility; violation of the right to respect for home, private and family life; relationship between the right to a healthy environment and the right to respect for private life, home and family life; state accountability for actions by private companies in its jurisdiction.

April 6, 2001 López, Glenda y otros c. Instituto Venezolano de los Seguros Sociales (IVSS) s/ acción de amparo. Expediente 00-1343. Sentencia N° 487. Supreme Court of Venezuela, Constitutional Division Venezuela Amparo action seeking supply of drugs needed to treat HIV/AIDS. Court order requiring Instituto Venezolano de Seguros Sociales to supply the drugs on a regular and consistent basis. Effect of decision extended to cover all persons in the same situation.
May 11, 2000 Malawi African Association and Others v. Mauritania, African Commission on Human and Peoples' Rights Comm. Nos. 54/91, 61/91, 98/93, 164/97 à 196/97 and 210/98 (2000) African Commission on Human and People's Rights Mauritania Complaint alleging violations of rights to health, work, property, life and cultural life under the African Charter on Human and People's Rights (Articles 14, 16, 5, 4, 17).
Mapuche Paynemil and Kaxipayiñ Communities, Case Nº 12.010. Inter-American Comission on Human Rights Argentina

Complaint filed with the IACHD alleging failure to comply with court decision ordering the State to supply with drinking water a population exposed to water contaminated with lead and mercury, as well as to ascertain damages and provide necessary medical treatment. Violation of right to effective judicial protection.

January 19, 2001 María Eugenia Morales de Sierra. Case Nº 11.625, Report on the Merits Nº 4/01. Inter-American Comission on Human Rights Guatemala Violation of the right to equal treatment and non discrimination, to protection of the family against gender discrimination in domestic legislation, and to work free from gender discrimination. Interpretation of the American Convention on Human Rights based on the Convention on the Elimination of All Forms of Discrimination against Women.
May 19, 1997 Menores Comunidad Paynemil s/acción de amparo Cámara de Apelaciones en lo Civil de Neuquén, Sala II Argentina Court action seeking protection for the health of indigenous children and youth due to consumption of water contaminated with lead and mercury. The State's arbitrary failure to diligently protect the right to health. Court order to provide drinking water to the victims, to determine the existence of damages and, if required, to ensure adequate medical treatment is provided.
March 11, 2004 Mercedes Julia Huenteao Beroiza et al. Petition 4617/02. Report Nº 30/04 Inter-American Comission on Human Rights Chile Complaint alleging violations of indigenous peoples rights. Precautionary measures to prevent irreversible damages. Friendly settlement agreement. Acknowledgement of compensation for damages. State commitment to adopt general measures to strengthen indigenous rights.
November 28, 2007 Mike Campbell and Others v. Republic of Zimbabwe, SADC (T) No. 2/2007 Southern African Development Community (SADC) Tribunal Zimbabwe

Application to the Southern African Development Community (SADC) Tribunal[1] challenging acquisition of agricultural land by the government of Zimbabwe; Whether Zimbabwe violated domestic and international treaty obligations; Jurisdiction of the Tribunal; Access to Judicial Remedies; Equality/Non-Discrimination; Exhaustion of Domestic Remedies.   


[1] The general jurisdiction of the Tribunal is to adjudicate as well as to give advisory opinions upon all matters which may be referred to it under the Treaty and Protocols, all subsidiary instruments adopted within the framework of the community, acts of Institutions of the Community, and all matters specifically provided for in any other agreements that Member States may conclude amongst themselves or within the Community and which confer jurisdiction on the Tribunal.

July 5, 2002 Minister of Health v Treatment Action Campaign (TAC) (2002) 5 SA 721 (CC) Constitutional Court of South Africa South Africa Constitutional Challenge to restrictions on the provision of anti-retroviral drugs to HIV positive pregnant women, resulting in tens of thousands of unnecessary infections and deaths; Alleged violation of the right  to health care services in s.27(1) and s. 28(1)(c) of the South African Constitution.  Progressive realization.  Whether there is an unrestricted right to minimum core medical services; Whether granting injunctive relief and supervisory jurisdiction breaches the separation of powers. 
May 29, 2001 Minister of Public Works & Ors. V. Kyalami Ridge Environmental Association & Ors [2002] 1 LRC 139; (2002) 3 CHRLD 313. Constitutional Court of South Africa South Africa Local residents challenged the establishment of an emergency housing camp in their neighborhood as contrary to zoning laws; obligation of government to realize right of access to adequate housing; powers of government to make decision regarding transit camp on state land; resident's rights to administrative justice; court must take account of housing rights of flood victims.
March 12, 1997 Ministério Público, por seu Promotor de Justiça Curador da Infância e da Juventude contra o Estado do Rio Grande do Sul s. Ação Civil Pública. Civil Chamber Nr. 7, Court of Justice of State of Rio Grande do Sul, Brazil. Brazil Public civil action demanding the creation of confinement and partial release programs for young offenders. The Judiciary as a competent authority to decide on budget allocations. The State's impossibility to allege lack of financial resources based on the Constitution's foremost priority given to protecting the rights of children and adolescents.
July 30, 1992 Mohini Jain v. State of Karnataka (1992 AIR 1858) Supreme Court of India India

 Petition to challenge the constitutionality of a "capitation fee" imposed by private medical colleges, charging higher tuition to students that are not admitted to "government seats"; Whether the Indian Constitution guarantees a right to education; Whether such fees violate Art. 14 of the Constitution; Whether there was a violation of the provisions of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act; Relationship between the right to life and the right to education; Relationship between the dignity of man and the right to education; Equality Rights; Directive Principles; State Action/Agency.

March 10, 2005 Ms. L. R. et al v Slovakia. Cited as: Communication No.31/2003, CERD / C / 66 / D / 31 / 2003 UN Committee on the Elimination of Racial Discrimination Slovakia Communication seeking to assert right to equality before the law in the enjoyment of the right to housing of Roma (Article 5(e)(iii), International Convention on the Elimination of all forms of Racial Discrimination);  Retrogressive measure.
July 2, 2009 Naz Foundation v. Government of NCT of New Delhi and Others, WP(C) No. 7455/2001 High Court of Delhi India

Public interest litigation brought on behalf of civil society organizations working to address the HIV/AIDS crisis in India; Challenge to Section 377 of Indian Penal Code, which criminalizes consensual homosexual conduct; Discriminatory laws and policies impaired HIV/AIDS prevention measures; Domestic Application of International Law; Equality / Non-Discrimination. 

December 10, 1999 New Brunswick (Minister of Health and Community Services) v.G.(J.), [1999] 3 S.C.R. 46 Supreme Court of Canada Canada Constitutional challenge to inadequate legal aid; Whether a mother is entitled to legal aid for a custody hearing where the state applied to extend its custody of the child; whether the removal of a child from a parent violates her security of the person (Canadian Charter of Rights and Freedoms, s. 7); whether the provision of legal aid is a right or a matter for discretion.
September 13, 2005 Observaciones Finales del Comité de Derechos del Niño: Ecuador. CRC/C/15/Add.262. Examen de los informes presentados por los Estados bajo el artículo 44 de la Convención Internacional de los Derechos del Niño UN Committee on the Rights of the Child Ecuador Free trade treaties threatening access to low cost drugs and social services by persons living in conditions of poverty. Recommendation to conduct a study of the impact of trade standards on right to health and of the implementation of flexibility clauses in the Agreement on Trade-Related Aspects of Intellectual Property of the World Trade Organization.
February 19, 2008 Occupiers of 51 Olivia Road, Berea Township and 197 Main Street, Johannesburg v. City of Johannesburg and others, CCT 24/07 South Africa

Application by the City of Johannesburg to the Johannesburg High Court for an order of eviction of 400 residents of inner city buildings, claiming unsafe and unhealthy living conditions; Whether the city had made reasonable provision of alternative housing for those it sought to evict; Whether the city's housing policy complied with section 26 of the Constitution; Due process requirements, including the right of meaningful participation.     

July 10, 1985 Olga Tellis & Ors v Bombay Municipal Council [1985] 2 Supp SCR 51. Supreme Court of India India Pavement dwellers and public interest organizations claims eviction of pavement dwellers would violate right to life under the Constitution by depriving them of their livelihood; right to life includes protection of means of livelihood; obligations to provide natural justice before eviction but no automatic right to resettlement under Indian constitutional law.
July 30, 1993 Oposa et al. v. Fulgencio S. Factoran, Jr. et al (G.R. No. 101083) Supreme Court of the Philippines Philippines Class action seeking the cancellation and non-issuance of timber licence agreements which allegedly infringed the constitutional right to a balanced and healthful ecology (Section 16); non-impairment of contracts; Environmental law; judicial review and the political question doctrine; inter-generational responsibility; Remedial law: cause of action and standing; Directive principles; Negative obligation on State
May 6, 1996 Paschim Banga Khet Mazdoor Samity & Ors v State of West Bengal & Anor. Cited as: (1996) AIR SC 2426/ (1996) 4 SCC 37 Supreme Court of India India Constitutional duty of government-owned hospitals to provide timely emergency treatment to someone seriously ill; obligation imposed by right to life (Article 21); availability of financial resources; state responsibility to provide emergency health services.
People living with HIV Inter-American Comission on Human Rights Chile Amparo action to protect right to health. State obligation to provide free medical assistance and testing to HIV/AIDS patients. Acknowledgment of absolute nature of right to life. Realization of right to equal protection through equal supply of drugs to treat disease.
May 2, 2003 People's Union for Civil Liberties v. Union of India & Ors, In the Supreme Court of India, Civil Original Jurisdiction, Writ Petition (Civil) No.196 of 2001 Supreme Court of India India The PUCL claimed that starvation deaths had occurred despite excess grain stocks leading to a violation of the right to food; Court found right to life imperilled; orders for implementation of famine code, food schemes and midday meals in schools.
October 1, 2004 Port Elizabeth Municipality v. Various Occupiers 2004 (12) BCLR 1268 (CC) Constitutional Court of South Africa South Africa Eviction Application under Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE); Whether eviction “just and equitable” considering relevant circumstances; Whether alternative land has or can be made available; Negative and positive obligations with respect to the right to housing; Relation between property rights and the right to housing of the landless.
May 13, 2005 President of the Republic of South Africa and Anor. v. Modderklip Boerdery (Pty) Ltd 40 2005 (5) SA 3 (CC) Constitutional Court of South Africa South Africa Constitutional review of failure of State to provide remedy to private landowner and alternative housing for landless under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE).   Whether right to protection from arbitrary deprivation of property and uncompensated expropriation of property breached when State remains passive in face of massive invasion of respondent's farm.   Right to housing and right to alternative accommodation under article 26 of the Constitution.  Rule of law and right to effective remedy under s 1(c) of Constitution.
July 16, 2001 Programa Venezolano de Educación-Acción en Derechos Humanos (PROVEA) y otros c. Gobernación del Distrito Federal s/ Acción de Protección. Expediente N° 3174. Caracas City Juvenile Court Venezuela Protection action in favor of rights to life and to health of children due to lack of timely and adequate surgical treatment. The State's failure to guarantee sufficient budgetary allocations. Court order requiring full equipment of surgery room and creation of a dialogue table aimed at identifying and addressing current and future problems in hospital facilities.
May 29, 2003 Purohit and Moore v. The Gambia. Cited as: Communication No. 241/2001, Sixteenth Activity report 2002-2003, Annex VII African Commission on Human and People's Rights Gambia Communication alleging violation of the right to best attainable state of physical and mental health (Article 16(1) African Charter) and the right of the disabled to special measures (Article 18(4) African Charter); limitations on rights under Charter; positive obligations.
May 20, 1998 R v East Sussex ex parte. Tandy Cited as: [1998] AC 714, [1998] 2 All ER 769, [1998] 2 WLR 884, [1998] 2 FCR 221 House of Lords, UK United Kingdom Application for judicial review of decision to reduce number of hours of home tuition for financial reasons; local authority obligations under Education Act 1993 ; retrogressive measure ; issue of resource allocations of local authority.
September 4, 2007 Reyes Aguilera, Daniela v. Argentina Supreme Court of Argentina Argentina

The appeal questioned the constitutionality of a norm requiring immigrants to prove 20 years of residence in Argentina to qualify for a disability pension; Right to Social Security on a basis of Non Discrimination; Legitimate restrictions to ESCR imposed by regulation; Regulation requiring differential treatment between national and foreign citizens with a disability.

March 21, 1973 San Antonio Independent School District v. Demetrio P. Rodriguez et al., 411 US 1 (1973) United States Supreme Court United States of America

Class action alleging that the Texas system for financing public schools violates the Equal Protection Clause of the 14th Amendment of the United States Constitution; Whether there is a fundamental right to education under the U.S. Constitution; Whether the poor constitute a "suspect class" activating the Equal Protection Clause; Equality/non-discrimination; Right to education; Children's rights.

July 30, 1981 Sandra Lovelace v. Canada, Communication No. 24/1977: Canada 30/07/81, UN Doc. CCPR/C/13/D/24/1977. United Nations Human Rights Committee Canada

Challenge of law that stripped Indian woman of Indian status after marriage to non-Indian man; Whether lost cultural benefits has continued effect; What constitutes belonging to a minority group under Article 27 of the International Convention on Civil and Political Rights (ICCPR); Whether interference with Article 27 of ICCPR was equal to a breach of the provision; Whether denial of the right to live on reserve was reasonable and objective; Equality/Non-discrimination; Discrimination based on gender.

January 31, 1990 Shantistar Builders v Narayan Khimalal Totame, Civil Appeal No. 2598/1989. Cited as: (1990) 1 SCC 520. Supreme Court of India India Constitutional challenge related to the right to life, including the right to a reasonable accommodation to live in (Article 21 Indian Constitution); mandatory order; supervisory jurisdiction; socio-economic rights included within the right to life.
August 10, 1999 Sindicato de las Empresas Varias de Medellín c. Ministerio de Trabajo y Seguridad Social, Ministerio de Relaciones Exteriores, Municipio de Medellín y las Empresas Varias de Medellín s/ amparo. Sentencia T-568. Constitutional Court of Colombia in plenum Colombia Protection action due to arbitrary layoffs. Binding nature of recommendations issued by ILO bodies upon the State of Colombia. Possibility of restricting the right to strike only when essential public services are at stake.
Sindicato Nacional de Trabajadores del Ministerio de Salud de Ecuador. Inter-American Comission on Human Rights Ecuador Report about violation of rights to health and to life. Budgetary priorities. Obligation to ensure progressive development of economic, social and cultural rights. Special obligation regarding vulnerable groups. Free access to basic healthcare services.
October 27, 2001 Social and Economic Rights Action Center & the Center for Economic and Social Rights v. Nigeria. Cited as: Communication No. 155/96. African Commission on Human and People's Rights Nigeria Communication alleging violation of Articles 2, 4, 14, 16, 18(1), 21, 24 and the rights to food and shelter/housing implicit in the charter ;  obligations imposed by ESC under African charter; state obligations in relation to state actors; content of implicit rights to food and shelter/housing; violation of rights of ‘peoples.'
October 27, 2009 Socio-Economic Rights and Accountability Project (SERAP) v. Federal Republic of Nigeria and Universal Basic Education Commission, No. ECW/CCJ/APP/0808 Economic Community of West African States (ECOWAS) Community Court of Justice Nigeria

Admissibility decision in a case brought against the Republic of Nigeria, including the Universal Basic Education Commission - the legal entity responsible for implementing education in Nigeria - for failure to ensure quality education, under the African Charter on Human and Peoples' Rights (ACHPR).  Whether the right to education is justiciable by the ECOWAS Court; Scope of the jurisdiction of the ECOWAS Court; Locus standi (whether the complainant has the legal right to initiate a lawsuit). 

October 1, 2005 Soobramoney v. Minister of Health (Kwazulu-Natal) Constitutional Court of South Africa South Africa

Claim alleging a violation of health rights by South African health authorities when refusing renal dialysis treatment to a patient suffering from terminal illness; whether there has been a violation of the right to life; whether there has been a violation of the right to medical treatment; rationality review; allocation of resources; progressive realization.

December 3, 2009 South Fork Band and others v. United States DOI, 588 F.3d 718, (2009) US Court of Appeals - Ninth Circuit United States of America

Claim by Native American tribes against the U.S. Department of the Interior's Bureau of Land Management ("BLM") for violating federal law in its decision to allow Barrick Cortez (of Barrick Gold Corporation) to construct the Cortez Hills gold mine in an area of great significance for the cultural and spiritual practices of the Western Shoshone Tribe; Violation of Indigenous Rights to Religious Practice; Indigenous Land Rights; Environmental Rights; Protection of Procedural Due Process Rights.

March 2, 1993 Sparks v. Dartmouth/Halifax County Regional Housing Authority, (1993), 119 N.S.R. (2d) 91. Nova Scotia Court of Appeal Canada Application under Canadian Charter of Rights and Freedom section 15 (equality rights) challenging denial of security of tenure to residents of public housing; Discrimination on the ground of poverty, race, marital/family status;  Underinclusive legislation; Remedy extending protection to vulnerable group.
December 16, 1999 Taylor v. United Kingdom, Case C-382/98 Cited as: [1998] EHRLR 90 European Court of Justice United Kingdom Reference to the European Court of Justice under Article 177 of the European Community (EC) Treaty (now Article 234 EC) by the High Court for a preliminary ruling. Interpretation of Articles 3 and 7(1)(a) of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ 1979 L 6, p. 24); unlawful sex discrimination.
U´wa Indigenous Community / Precautionary Measures. Case Nº 11.754. Inter-American Comission on Human Rights Colombia Petition denouncing development of oil project in indigenous land without consultation with indigenous communities. Request of precautionary measures to prevent oil project. Start of friendly settlement process.
February 4, 1993 Unni Krishnan, J.P. & Ors. v. State of Andhra Pradesh & Ors. Cited as: 1993 AIR 217, 1993 SCR (1) 594, 1993 SCC (1) 645, JT 1993 (1) 474, 1993 SCALE (1)290 Supreme Court of India India Constitutional challenge querying whether the “right to life” in Article 21 of the Constitution of India guarantees a fundamental right to education to citizens of India; role of economic resources in limiting right to education; interplay between Directive Principles and State Policy in the Constitution and Fundamental Rights; whether the right to education includes adult professional education.
October 27, 1995 V. v. Einwohnergemeinde X. und Regierungsrat des Kantons Bern (BGE/ATF 121 I 367) Swiss Federal Court Federal Court of Switzerland Switzerland

Three Czechs who were illegally residing in Switzerland challenged the denial of access to social welfare benefit; rights of non-nationals to social security; constitutional right to minimum conditions of existence implied from civil and political rights; justiciability of claims involving resource allocation.

June 2, 1998 Viceconte, Mariela c. Estado Nacional (Ministerio de Salud y Ministerio de Economía de la Nación) s/ Acción de Amparo. Federal Administrative Court of Appeals Argentina Amparo action alleging lack of production of a vaccine. Direct application of right to health standards enshrined in international treaties. The role of the State as guarantor of health care services. Judicial control of budgetary allocations and execution.
September 9, 2009 Victoria (City) v. Adams, 2009 BCCA 563; 2008 BCSC 1363 British Columbia Court of Appeal Canada

Constitutional challenge to a city bylaw prohibiting temporary overhead shelters in public parks constructed by homeless people as violating the right to life, liberty and security of the person (under section 7 of the Canadian Charter of Rights and Freedoms) in circumstances where there is a lack of sufficient alternative shelter; Justiciability of right to adequate housing; Positive and negative rights; Use of international human rights law and summary records to interpret domestic constitutional rights. 

 

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