Caselaw Database - All Cases

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

In 2002/2003, as the city of Bogota began the process of privatizing its waste collection services, recycling organizations in Bogota attempted to participate in a bidding process to compete for a waste collection and transportation contracts with the city. The recyclers were de jure precluded from competing for these contracts in big cities because they were not equity-owned, “share held corporations” as required by the law for public procurement, but rather, non-profit cooperatives of informal working poor.

The petition in this public interest litigation (PIL) case cited data from the States of Uttar Pradesh, Bihar, and Maharashtra, regarding government practices regarding female sterilization, which lacked counseling or informed consent, lacked pre- and post-operative care, and included unhygienic and un-anesthetized operating conditions, sterilization of minors, coercion and cruelty.  The PIL requested the Court to direct the state governments to comply with the Ministry of Health and Welfare’s Guidelines on Standards of Female Sterilization, enacted in October 1999 (“the Guidelines”).

This case concerns a 2009 appeal before the Constitutional Court of South Africa, brought by the Head of the Mpumalanga Department of Education (HoD).

The Sawhoyamaxa Community has historically lived in the Paraguayan Chaco. In 1991, the Community started a domestic claim to regain its lands after being forced to leave them. On May 15th, 2001, ESCR-Net Member, Tierraviva, submitted a petition to the Inter-American Commission of Human Rights. The Commission referred the case to the Inter-American Court of Human Rights on February 3rd, 2005.

Jean Mouisel suffered from chronic lymphatic leukaemia. He was sentenced in 1996 to fifteen years' imprisonment for armed robbery. In 1999, while in prison, his condition deteriorated, requiring chemotherapy. He was transported to the hospital in handcuffs and claimed he was restrained during chemotherapy, though this was not proven. He stopped treatment in June 2000 citing conditions of treatment and aggressive behavior by guards.  A June 28, 2000 medical report, produced by a request of the Ministry of Justice, concluded Mouisel required treatment in a specialized clinic.

Mark Keenan received intermittent psychiatric treatment since the age of 21. At 28, Keenan was admitted to prison, initially to the prison health center. Several attempts were made to transfer him to the general population, but his mental health worsened each time. Following a transfer attempt, he assaulted two guards and his sentence was increased by twenty-eight days. The next day Keenan hung himself.

Born on 4 May 1987, LMR is a young woman living with her mother, VDA in Argentina. She has a mental impairment and has a mental age between 8 and 10 years old.. During a hospital visit she was found to be pregnant. Under section 82.6 of the Argentinean Criminal Code abortion is legal where the pregnancy is the result of the rape of a mentally impaired woman. LMR filed a police complaint and scheduled an abortion. Her abortion was prevented by an injunction against the hospital. LMR appealed unsuccessfully to the Civil Court.

This ECSR decision stemmed from a collective complaint lodged by the International Center for the Protection of Human Rights (INTERIGHTS), member of ESCR-Net, alleging that the Greek Government violated the right to housing of the Roma in Greece as protected under Article 16 of the ESC in conjunction with the Preamble of said Charter that guaranteed their equal access to social rights as a means to protect against their social exclusion.

Three Kenyan citizens using generic anti-retroviral medications and living with HIV or AIDS challenged the constitutionality of Kenya’s Anti-Counterfeit Act of 2008.  The petitioners argued that Section 2 of the Act confused generic drugs with counterfeit medicine and if implemented, the Act would inflict civil and criminal penalties on generic medicine manufacturers and severely restrict access to affordable medicine in Kenya.

Shortly after the plaintiff, Jamie Sinnott, was born in 1977, doctors discovered he was severely autistic.  For the next 22 years of his life, his mother attempted to provide her son with basic speech, language, and motor skills, as well as toilet-training.  Unfortunately, she discovered that the few institutions for children with severely physically and mentally disabilities in Cork, Ireland did not meet the continuous education needs of her autistic child. In 1997, Mrs.