Caselaw Database - All Cases

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

In early 2016, the Acting Superintendent-General issued a circular that demanded learners present their birth certificates to the school administration. Learners unable to submit their birth certificates would no longer receive funding. This had to effect of forcing schools to exclude undocumented children or to allow them to remain while forcing schools to spread already scarce resources. Although the circular demanded birth certificates, in practice schools also excluded non-national children where they were unable to present permits which allowed them to reside in the country.

Crispin Hernandez – a farmworker who was fired after organizing discussions on conditions at work – and two advocacy organizations, the Workers’ Center of Central New York (“WCCNY”) and the Worker Justice Center of New York (“WJCNY”), brought a lawsuit against the governor and the State of New York alleging that the exclusion of farmworkers from the State Employment Relations Act (“SERA”) was unconstitutional.

The International Commission of Jurists (ICJ) and the European Council for Refugees and Exiles (ECRE) alleged that migrant children in Greece and on the Greek islands have been deprived of their rights that are guaranteed within the Revised European Social Charter (hereinafter “the Charter”). These include the rights to housing compatible with human dignity; social, legal, and economic protections; health; social and medical assistance; and education.

On November 28, 1902 Mr. Karel Johannes Cornelius De Jager and Mrs. Catherine Dorothea De Jager executed a will leaving certain farms to their children during their lives and thereafter to male descendants only, until the fourth generation. In 2015, Mr. Kalvyn De Jager, who had inherited half of the farm shares, died with no male children. In his will, he left his share of the farms to his five daughters.

Applicant, Dudley Lee, contracted tuberculosis (TB) while incarcerated in a detention facility under the supervision of the Minister for Correctional Services. Mr. Lee brought a case against the minister in the Western Cape High Court, Cape Town, which found the minister liable for damages suffered by Mr. Lee.

Martinez-Cuevas and Aguilar filed a class action lawsuit against their employer, DeRuyter Bros. Dairy Co., seeking in part a judgement declaring RCW 49.46.130(2)(g) of the Washington Minimum Wage Act (MWA) unconstitutional. The workers claimed that the DeRuyter Brother’s Dairy Company failed to meet minimum wage standards, denied adequate breaks or time for meals, and failed to compensate for work done prior to and following many workers’ shifts.

Ten petitioners, on behalf of 326 other residents of City Cotton and Upendo villages alleged that the respondents (1st Moi Education Centre Co. LTD, 2nd the Inspector General of police, 3rd the Cabinet Secretary for Lands, Housing, and Urban Development, and 4th the Attorney General) violated the petitioners’ right to housing guaranteed under Article 43 of the Kenyan Constitution.

Y.I., a mother of three children, was arrested on October 8, 2013, on suspicion of drug trafficking. She had taken opiates for six years starting in 2004, and at the time of her arrest had recently begun taking drugs again and had been allowing others to take drugs in her home. A police officer for juvenile affairs also wrote multiple reports stating that Y.I. had been neglecting her parental responsibilities. Later the same month, her oldest child was taken to live with his biological father and the other children were put into public care.

Mrs. Dobson was a community nurse employed by North Cumbria Integrated Care working two days a week. As a mother of three children, two of whom have disabilities, Mrs. Dobson relied on the ability to have a fixed work schedule. From 2008 to 2016 Mrs. Dobson maintained a 15-hour work week over a period of two fixed days without issue. In 2013 Mrs. Dobson’s employer first asked Mrs. Dobson to work the occasional weekend, but after explaining her family dynamic and work that she needed to complete at home the issue was dropped.

The Constitutional Court accumulated 19 cases involving women who, at the time of the events in question, were pregnant, lactating, or on maternity leave, and worked in various positions in the public sector governed by the Organic Law of Public Service (LOSEP). The Court addresses the violation of pregnant and lactating women’s rights and provides further protections by formally recognizing the right to care.