Caselaw Database - All Cases

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

At the time of her death, the deceased, Maria Mahlangu, was a domestic worker in a private home in South Africa. Ms. Mahlangu’s daughter and grandchild were financially dependent upon her at the time of her death. Ms. Mahlangu’s daughter asked the Department of Labour for help in the form of compensation under the Compensation for Occupational Injuries and Diseases Act (COIDA) or unemployment insurance benefits. The Department of Labour denied both because Ms.

In this case, the right of a student with an intellectual disability to obtain an official diploma attesting to the completion of his secondary school education on an equal basis was challenged in accordance with article 24 of the Convention on the Rights of Persons with Disabilities, which recognizes the right to inclusive education and prohibits any form of discrimination based on disability.

Petitioners challenged the Ugandan Government’s failure to provide basic maternal health services in violation of (1) the right to health, (2) the right to life, and (3) the right of women, under the Constitution.

Anil Kumar Mahajan joined the Indian Administrative Service (IAS) in 1977, starting a career in which he was subjected to multiple suspensions and, ultimate, forcible retirement in connection with a mental health disability. He was placed under suspension from February 17-24, 1988. From February 24, 1988 until February 24, 1990, he was suspended a second time. He was placed under a third suspension on May 20, 1993, subjected to official inquiries, and ordered to appear before a Medical Board.

The Gumedes were married in 1968, before the Recognition of Customary Marriages Act 120 of 1998, which entered into force on November 15, 2000. Section 7(1) of the Recognition Act provided that customary marriages entered into prior to the date of the commencement of the Act (old marriages) were governed by customary law, while section 7(2) provided that customary marriages entered into after the date of commencement of the Act (new marriages) were marriages in community of property. Ms. Gumede was directly affected by Section 7 after Mr.

When Makhosazane Eunice Sacolo, a Swazi woman, was left by her husband, she was unable to sell any of the livestock that they owned, even those that she had purchased with her own money. Under eSwatini’s common law of marital power, that property was registered in her husband’s name. This common law doctrine, as well as the Marriage Act of 1964, also prohibited married women from concluding contracts without her husband’s permission.

Matodzi Ramuhovhi and Thinamaano Edson Netshituka applied to the Constitutional Court for confirmation of the Limpopo High Court, Thohoyandou’s ruling of invalidity of Section 7(1) of the Recognition of Customary Marriages Act 120 of 1998 (“Recognition Act”). The High Court ruled 7(1) to be invalid because it discriminated against women in polygamous marriages concluded before the Recognition Act on two grounds: (a) gender and (b) race, ethnic or social origin. This same section had been deemed unconstitutional as it related to monogamous marriages in Gumede vs.

The action arose from an appeal of two High Court decisions that were issued in 2016. A local women’s group (Mahila Mandals) and other self-help groups challenged the validity of a tender notice issued by the state of Maharashtra that year. The tender awarded a contract to large corporations with strong political connections for the supply of nutritional food supplements to beneficiaries under the ICDS.

The complainant, Un Techo para mi País México (Techo), claimed that the National Institute of Statistics and Geography (INEGI) failed to collect census data for informal settlements. According to Techo, this failure resulted in the State’s non-realization of the right to adequate housing because State policies and policymaking depend on statistical information gathered in the census. The Court affirmed that the INEGI’s failure to collect and disseminate statistical information on informal settlements created a presumption of unconstitutionality that put the burden of proof on INEGI.

In 2014 and 2015, an outbreak of Ebola in Sierra Leone forced schools to close for nine months. One consequence of the closures was a significant spike in pregnancies among teenage girls (in some areas, rates went up 65%). As a result, the then-Minister of Education, Science and Technology publicly stated that pregnant girls would not be able to attend mainstream schools while they were pregnant in order to avoid adversely influencing their peers.