Caselaw Database - All Cases

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

A human rights-based approach to the criminalization of HIV exposure

The appellant, E.L., a 26 year old mother of four living with HIV, was charged and convicted in the lower court under Section 192 of the Malawian Penal Code (Code) for unlawfully (negligently) engaging in an act likely to spread a disease dangerous to life. The prosecution argued that the appellant “unlawfully, negligently and knowingly” breastfed the complainant’s baby, who was left in her care. At the time of the incident, E.L. was on Anti Retro Treatment (ART).

Shayara Bano and others v. Union of India and others, Writ Petition (C) No. 118 of 2016

Shayara Bano was married for 15 years. In 2016, her husband divorced her through talaq–e-bidat (triple talaq). This is an Islamic practice that permits men to arbitrarily and unilaterally effect instant and irrevocable divorce by pronouncing the word ‘talaq’ (Arabic for divorce) three times at once in oral, written or, more recently, electronic form.

R (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent), [2017] UKSC 51

Prior to the enactment of the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (Fees Order) in the UK, a claimant could pursue and appeal employment proceedings without paying any fee. Fees were introduced under the Fees Order, with the amount varying depending on factors including the claim classification and complexity. Type A claims (£390 fee) generally required less time to resolve. Type B claims (£1,200) included unfair dismissal, equal pay and discrimination claims.

Mohamed Ben Djazia and Naouel Bellili v. Spain, CESCR, Communication No. 5/2015, UN Doc. E/C.12/61/D/5/2015 (20 June 2017)

In October 2013, Mohamed Ben Djazia, Naouel Bellili and their two minor children were evicted from the home they had rented in Madrid, Spain, after their private rental contract expired. Spain was then experiencing a devastating economic crisis with high levels of unemployment, and this had affected the Ben Djazia-Bellili family, leaving them unable to pay rent for some time. Mr. Ben Djazia had repeatedly applied for social housing for well over a decade and was denied each time.

African Court upholds land rights for Kenya’s Ogiek

In October 2009, the Kenya Forestry Service issued an eviction notice requiring the Ogiek, a forest-dwelling community and one of Kenya’s most marginalized indigenous peoples, to leave the Mau Forest within 30 days.

Swaziland High Court advances women's property rights

Nombuyiselo Sihlongonyane and Mholi Joseph were married under civil rites and in community of property.[1] In January 2013, on the basis of her husband’s infidelity and mismanagement of their estate, Sihlongonyane applied to the High Court of Swaziland (High Court) to have her husband removed as the administrator of their joint property.

Swaziland Supreme Court advances women's property rights

Mary-Joyce Doo Aphane, a woman’s rights activist, commenced legal proceedings in the High Court of Swaziland (High Court) against the Registrar of Deeds, the Minister of Justice and Constitutional Affairs, and the Attorney General, arguing that Section 16(3) of the Deeds Registry Act, 1968 (Act) violated her constitutional right to equality because it forbids women married in community of property[1] to register immov

Participatory implementation of D.H. case promotes inclusion of Roma children in Czech schools

The applicants were Czech children of Roma descent, between nine and 15 years old, who had been placed in "special schools" for children with mental disabilities between 1996 and 1999. Their situation was not unique. In 1999, the probability of a Roma child of being assigned to a “special school” was more than 27 times higher than for a non-Roma child.

Kansas Supreme Court decides school funding should be equitable and adequate

In 2010, four Kansas school districts, 31 students, and their guardians sued the State of Kansas alleging that cuts in public school budgets beginning in 2009 had left schools inadequately funded and that portions of the funding were inequitably distributed, in violation of Article 6 of the Kansas Constitution (regulating education provision), state statutes, and due process and equal protection clauses of the Kansas and United States Constitutions.

Supreme Court of India issues decision to protect land rights

In 2006, the Government of West Bengal agreed to let Tata Motors Ltd. (Tata Motors) construct and operate a car manufacturing unit in their state (Small Car Project). Accordingly, the West Bengal Industrial Development Corporation, Ltd. (WBIDC) acquired approximately 1000 acres of agricultural land for the project pursuant to the Land Acquisition Act, 1894 (L.A. Act), affecting the livelihoods of approximately 25,000 people – farmers, sharecroppers, landless laborers, and rickshaw pullers. The claimants in this case were five farmers and small landowners.