Caselaw Database - All Cases

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

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.

The case was presented by the Human Rights Law Network (HRLN) to the Constitutional Court in light of the non-enforcement of a previous decision that established guidelines against sexual harassment at the work place in India: Vishaka vs.

In 2003, four year old Jeremiah Cronin, diagnosed with attention deficit hyperactivity and autism, was assessed as needing a 32-hour-per-week intensive home-based program to meet his special needs while awaiting placement in Cork CABAS School.  His mother instituted an action for injunctive relief directing the Minister for Education (“the Minister”) to provide such home-based tuition for 29 hours per week during the child’s pre-school phase.  She claimed that her son was entitled to a free primary education under the Irish Constitution, relying on the Irish Supreme Court’s reference to uph

This class action consolidated a number of cases brought on behalf of black schoolchildren denied admission to segregated public schools, under state law. Public facilities were previously racially segregated in the United States, particularly in the South. The case sought to challenge the "separate but equal" doctrine set forth in Plessy v. Ferguson, 163 U.S. 537 (1896), that governed racial segregation at the time.

Applicant Paul O’Donoghue was born in November 1984 and contracted Reyes Syndrome, a serious viral infection, at eight months old, suffering brain damage as a result.

Disability Advocates, Inc. (DAI) brought a suit before the U.S. District Court (NY) asserting that New York State discriminated against individuals with disabilities in violation of the ADA’s integration mandate, which requires that individuals with mental illness residing in adult care facilities in New York receive services in the most integrated setting possible in order to increase interaction with the broader community.

Glor, was declared unfit for mandatory military service or the alternative civil service offered to conscientious objector due to diabetes. He was ordered to pay a tax for exemption from military service, as he fell below the 40% disabled threshold for exemption from the tax. The tax was for a non-negligible amount assessed over several years. Glor claimed a violation of his rights under Article 14 in conjunction with Article 7 of the European Convention on Human Rights for discrimination on the basis of a disability.

Georgina Ahamefule began working at the Imperial Medical Center as an auxiliary nurse in 1989. In 1995, while she was pregnant, she developed boils on her skin and sought medical attention from her employer Dr. Alex Molukwu, who conducted medical examinations and diagnostic tests without disclosing to her the nature and the outcome of the tests. Georgina tested positive for HIV and her employment contract was promptly terminated.

The Higher Social Court of North Rhine-Westphalia asked the German Federal Constitutional Court to decide whether the cash benefits for asylum seekers provided under section 3 paragraph 2 of the Asylum Seekers Benefit Act comply with the constitutional right to a minimum standard of living.