Caselaw Database - All Cases

ESCR-Net Caselaw Database: A database on domestic, regional and international decisions regarding Economic, Social and Cultural Rights.

Toussaint v. Canada, CCPR/C/123/D/2348/2014, 2018

UN finds rights violations in irregular migrant being denied essential health services

Nell Toussaint challenged Canada’s denial of health care coverage to undocumented immigrants under the under the federal government’s program of health care to immigrants, called the Interim Federal Health Benefit Program. After exhausting domestic remedies, Toussaint brought her claims to the United Nations Human Rights Committee (Committee) under the optional complaints procedure (first optional protocol) to the International Covenant on Civil and Political Rights, which Canada ratified in 1976.

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Advisory Opinion on Gender Identity, Equality, and Non-Discrimination of Same-Sex Couples, (2017), OC-24 / 17

Inter-American Court of Human Rights Affirms Rights Related to Sexual Orientation, Gender Identity and Gender Expression

Costa Rica requested the advisory opinion, seeking clarity on ACHR obligations relating to gender identity and same-sex partnerships and their application to its domestic legal order.

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Dladla v City of Johannesburg, (2017) ZACC 42

Shelter Residents Successfully Challenge Rules on Family Separation and Lockout

This case grew out of the 2011 judgment in Blue Moonlight, where the Constitutional Court of South Africa held that municipalities have a constitutional obligation to provide temporary emergency accommodation to all evictees who would be rendered homeless.

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Marcia Cecilia Trujillo Calero v. Ecuador, CESCR, Communication 10/2015, UN Doc. E/C.12/63/D/10/2015 (26 March 2018)

UN Committee on ESCR addresses the impact of unpaid care work on women’s social security access

Marcia Cecilia Trujillo Calero made 29 years’ worth of retirement contributions to the Ecuadorian Institute of Social Security (IESS). Of the 305 contributions she made, approximately half were voluntary contributions made from 1981 through 1995, when she was an unpaid care worker at home, caring for her three children. During an eight-month period starting in 1989, Ms. Trujillo paused her voluntary payments, though she retroactively paid them in full in April 1990. Afterward, Ms.

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Minority Rights Group International and SOS-Esclaves on behalf of Said Ould Salem and Yarg Ould Salem v. The Government of the Republic of Mauritania, Decision No: 003/2017

African Children's Rights Committee holds Mauritania Accountable for Child Slavery

Said Ould Salem and his younger brother, Yarg Ould Salem, were born to a Haratine mother, part of Mauritania’s former slave class. While slavery is now outlawed in Mauritania, the practice remains widespread, commonly victimizing members of the Haratine minority. From birth onwards, both brothers became slaves to the El Hassine family. The two children worked seven days a week without rest, including on Fridays.

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Danamma Suman Surpur & Another v Amar & Others, Civil Appeal Nos. 188-189 of 2018

Indian Supreme Court upholds gender equality in inheritance law

Gurulingappa Savadi was the head of a Hindu joint (intergenerational) family who died in 2001. In 2002, his grandson brought a suit to partition the family property, alleging that only Mr. Savadi’s widow and two sons were co-owners of the property upon Mr. Savadi’s death. The suit asserted that Mr. Savadi’s two married daughters were not entitled to any share of the property, since they were born prior to the Hindu Succession Act (codified customary/personal law), and therefore could not be treated as coparceners (persons who share jointly with others in an inheritance).

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Mrs. Lois Chituru Ukeje and Enyinaya Lazarus Ukeje v. Mrs. Gladys Ada Ukeje, Supreme Court of Nigeria, SC. 224/2004

Supreme Court of Nigeria advances women’s property rights

In December 1961, Lazarus Ogbonnaga Ukeje died intestate with real property in Lagos State. The appellants are his wife Mrs. Lois Chituru Ukeje and her son, Mr. Enyinnaya Lazarus Ukeje, both of whom obtained Letters of Administration for and over the deceased’s Estate. The plaintiff/respondent is the daughter of the deceased and brought this suit seeking a declaration from the court that as the daughter of the deceased she is entitled to a share of his estate.

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Onyibor Anekwe & Anor v. Mrs. Maria Nweke, Supreme Court of Nigeria, SC. 129/2013

Gender Equality in Inheritance Rights affirmed by Nigerian Supreme Court

Following the death of her husband, Mrs. Maria Nweke was asked to vacate her house by her late husband’s father on the ground that she had no male child in the house. Mrs. Nweke brought this case claiming that according to the customs of the Awka people, a woman inherits the property of her husband regardless of whether she has a male child. The defendants/appellants, who are Mrs.

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The Queen on the application of Sheila Winder, Lisa Marie Dowen and Sarah Hampton v Sandwell Metropolitan Borough Council, [2014] EWHC 2617 (Admin)

UK Court advances women’s enjoyment of the rights to adequate housing and social protection

The Sandwell Metropolitan Council formed a new tax plan pursuant to a national change in tax law. Previously, low-income persons would be given financial assistance to pay council taxes, whereas under the new plan, individuals’ tax liability was lowered based on financial status. The relevant statute stated that local authorities would create locally-tailored plans to determine tax liability by creating classes based on income, capital, and number of dependents.

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Yemshaw v. London Borough of Houslow, [2009] EWCA Civ 1543, [2011] UKSC 3

UK Court expands definition of domestic violence in context of housing rights

The appellant was a married woman who left her family home with her two young children because she felt her husband treated her as less than human. He yelled at her, withheld finances, and made her afraid he would hit her or take the children away. She went to the local housing authority for help finding accommodation. As her husband had never hit her or threatened to physically harm her, the housing authority refused to assist her. They believed that because there was no physical violence, it was reasonable for her to stay in the home.

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