Caselaw Database - All Cases

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

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.

The claimants in this action are the Ogale and Bille communities in Rivers State, Nigeria, representing approximately 50,000 individuals. The claimants allege widespread environmental damage, including groundwater contamination, as the result of oil spills by Shell Petroleum Development Company of Nigeria (SPDC). The two defendants are Royal Dutch Shell Plc (RDS), the UK parent company, and SPDC, a Nigerian-registered subsidiary of RDS.

In 2003, seven-year-old Andrea was murdered by her father, who subsequently committed suicide, during a court-approved parental visitation. Andrea’s mother, Andrea González, had reported over forty-seven (47) instances of physical abuse to the police and sought restraining orders against him to protect herself and her daughter – but the father had refused to accept supervised visitations and a court of law eventually allowed for the unsupervised visits that led to the death of Andrea. After the murder, Ms.

Background: On December 11, 1998, an explosion occurred in a fireworks factory in Santo Antônio de Jesus, Brazil. The factory consisted of a set of tents located in paddocks with shared worktables. As a result of the explosion, 60 people died and six were injured. Among those who lost their lives were 59 women, 19 of whom were girls, and one boy. Among the survivors were three adult women, two boys and one girl. Four of the deceased women were pregnant; one of them was able to give birth before dying.

In September 2011, 3,000 families were given only 7 days prior notice before they were evicted from the land next to the Wilson Airport. Their shelters were destroyed. The Kenya Airports Authority owned the plot of land next to the airport, but the resident families of the Mitumba Village had occupied the property for some time.

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.