Caselaw Database - All Cases

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

Schubart Park Residents’ Association and Others v. City of Tshwane Metropolitan Municipality and Another (CCT 23/12) [2012] ZACC 26

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.

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The Queen on the Application of Bernard v. London Borough of Enfield, [2002] EWHC 2282 (Admin)

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.

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Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, 576 U.S. ___ (2015)

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.

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The Centre for Human Rights (University of Pretoria) and La Rencontre Africaine pour la Defense des Droits de l’Homme (Senegal) v Government of Senegal, ACERWC, DECISION: N° 003/Com/001/2012

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.

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The Center for Health Human Rights and Development & 4 others v. Nakaseke District Local Administration, Civil Suit No. 111 of 2012

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.

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Committee on the Elimination of Discrimination against Women (CEDAW) Inquiry concerning the Philippines (CEDAW/C/OP.8/PHL/1)

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.  

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M.S.S. v. Belgium and Greece, Application no. 30696/09

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.

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Settlement agreement between ACIJ and the Autonomous City of Buenos Aires, concerning case 23360/0 of 2008

In 2006, Asociación Civil por la Igualdad y la Justicia (ACIJ), an organization member of the ESCR-Net, filed an amparo action against the Government of the City of Buenos Aires. The purpose of the action was to have the Court order the Government to comply with its existing constitutional obligation to ensure and finance access to early education. The case centered on violations of the right to education and to equality, as well as the principle of personal autonomy.

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Sentencia Constitucional Plurinacional 0206/2014

Patricia Mansilla Martínez, a member of Bolivian Parliament, filed an abstract action of unconstitutionality against articles 56, 58, 245, 250, 254, 258, 263, 264, 265, 266, 269, 315, and 327 of the Criminal Code for discrimination against women. The Court did not consider the constitutionality of articles 254, 315 or 317, as they are no longer in force.

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Government of the Republic of Namibia v L.M. and Others, [2014] NASC 19

Three Namibian women, all HIV positive, sued the government, claiming that they had been sterilized at  public hospitals without their consent after giving birth via Caesarean section.

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