Caselaw Database - All Cases

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

The case was a consolidation of two class actions brought under the Prison Litigation Reform Act of 1995 (PLRA), which allows prisoners to sue for violations of constitutional rights. California's prisons were designed to hold about 80,000 prisoners, but at the time of filing, the system held about 156,000. In both class actions, overcrowding was found to constitute an 8th Amendment violation because of a serious lack of access to basic medical care, with one case dealing specifically with prisoners with serious mental illness.

In 2005, under the Article 26 procedure of the Constitution, the Irish Supreme Court reviewed the constitutionality of a bill referred to it by the President. This bill authorized charges for in-patient services, provided by the public health service, to be imposed on certain people, in most cases, elderly people of limited means.

The plaintiffs in this case were members of the Irish Travelling community, traditionally a nomadic people. This particular group of Travellers lived on an unofficial halting or caravan, site in Limerick City for over eight years, in conditions of extreme deprivation and squalor, without running water, toilet facilities, domestic refuse storage and collection, and hard surfaces for their caravans.

Due to the deterioration of the buildings within Schubart Park, a state-subsidized residential complex, the City stopped the water and electricity supply while 700 families were living there. Residents protested by lighting fires and throwing objects from buildings. The police removed these residents and would not allow them or any other residents from this complex to return. Negotiations occurred between the residents and the City to find temporary accommodations for the displaced residents, but no agreement was reached.

This case concerns a claim for damages by a woman with severe disabilities, Mrs. Bernard and her husband, Mr. Bernard, her sole caregiver, alleging that the local Housing Department did not provide them with accommodations suitably adapted for her disability. This failure, it was contended, constituted a violation of the European Convention of Human Rights (ECHR). Damages were sought under the Human Rights Act (HRA), which is the implementing legislation for the ECHR in the UK.

This case was initiated in 2008 when the Inclusive Communities Project (ICP), a non-profit group, sued the Texas Department of Housing and Community Affairs (TDHCA) in relation to a federal tax credit program used by states and local governments to build affordable housing. ICP claimed that the TDHCA perpetuated segregation in violation of the Fair Housing Act (FHA) by granting too many tax credits to new housing developments in predominantly black inner city areas and too few in primarily white suburban neighborhoods.

This case addresses the plight of as many as 100,000 children (known as talibés), who while attending Qur’anicschools (daaras) in Senegal, are forced by some instructors to beg in the streets, to secure their own survival and enrich the teachers. The children live away from their families, often in deplorable conditions, and are exposed to brutal physical assaults, malnutrition, illness, sexual abuse, and several other vulnerabilities. The forced begging leaves no time for a proper education.

On May 5, 2011, Irene Nanteza arrived at Nakaseke Hospital with her husband. Although a nurse confirmed the signs of obstructed labor and called the doctor on duty, the doctor did not arrive until Nanteza had been in labor for about 8 hours. The patient died of a hemorrhage and ruptured uterus. Despite the hospital administrator’s awareness of Nanteza’s condition and the doctor’s absence prior to her death, the Court noted that it was not shown that he made any effort to transfer her to another hospital.

In 1991, the Philippines delegated responsibility for “people’s health and safety” to the local level. In exercise of this power, an executive order 003 (“EO 003”) was issued in Manila, in 2000 which declared that the city would take an “affirmative stand on pro-life issues”. In response to a joint submission from NGOs in 2008, the UN Committee on Elimination of Discrimination against Women (Committee) conducted an inquiry into alleged human rights violations resulting from the enforcement of EO 003.  

An Afghan citizen (Mr. M.S.S.) presented an asylum application in Belgium after entering the EU through Greece. Pursuant to the Dublin Regulations (EU law that determines which country has responsibility for processing specific asylum petitions), Belgium transferred him back to Greece in order for Greece to process the asylum petition. Greece detained the applicant in degrading conditions and then released him into the country to await a decision on his application. During this time, Mr. M.S.S. was homeless, not permitted to work, and had no access to sanitary facilities or any resources.