Caselaw Database - All Cases

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

Mariela Viceconte filed a collective amparo action seeking to force the Argentine State to produce the Candid 1 vaccine. Her case was based on her own right to health and that of other persons exposed to contracting “Argentine Hemorrhagic Fever,” including in Argentina approximately 3.5 million people. The action specifically alleged a violation of the obligation to prevent, treat and fight epidemic and endemic diseases arising from article 12.2.c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

A petition was filed with the Inter-American Commission of Human Rights (IACHR) against the State of Guatemala alleging the kidnapping, torture and death of four minors and the murder of a fifth one in 1990, in the city of Guatemala, by members of the security forces, and the State's failure to provide adequate judicial protection to the victims' families.

On January 24, 2000, a petition was filed against the State of El Salvador before the Inter-American Commission on Human Rights (IACHR) alleging violation of the rights to life, health and full development of personality of a group of persons living with HIV.  The case was grounded on the State's failure to provide them with the triple therapy medication needed to prevent them from dying and to improve their quality of life.  The petitioners also claimed that the situation of the said persons constituted an instance of cruel, inhumane and degrading treatment.

The Chilean Health Ministry issued a decree ordering free medical treatment and tests for all sexually transmitted diseases, including the Acquired Immunodeficiency Syndrome (AIDS). However, the decree was not complied with in the case of HIV. Given this situation, the organization Vivo Positivo, sponsored by Clínica de Acciones de Interés Público de la Universidad Diego Portales, filed three amparo actions requesting the East Metropolitan Health Service and the Health Ministry to comply with the decree.

Centro de Derechos Económicos y Sociales (CDES), on behalf of the General Secretary of Sindicato Nacional de Trabajadores del Ministerio de Salud [National Union of Health Ministry Workers] and the workers represented by the union, filed a report with the Inter-American Commission of Human Rights (IACHR) against the State of Ecuador.

Between December 27, 1995 and September 30, 1999, the Inter-American Commission on Human Rights (IACHR) received numerous petitions filed by retired persons and several non-governmental organizations.  The petitions claimed violations of the rights to effective judicial remedy, due legal process, property, social security, health, well-being and equal protection, which are enshrined in the American Declaration on the Rights and Duties of Man (ADRDM) and in the American Convention on Human Rights (ACHR).

María Eugenia Morales de Sierra and the Center for Justice and International Law (CEJIL) filed a report against the State of Guatemala before the Inter-American Commission of Human Rights ( IACHR). They claimed that the provisions in the Civil Code of Guatemala in respect of the role of each partner within marriage involved gender discrimination, violating the right to protection of the family, the right to equal protection, and the right to respect for honor and dignity under the American Convention on Human Rights (ACHR).

Several non governmental organizations filed a protection action due to poor clinical and surgical treatment of children with congenital heart conditions treated at the J. M. de los Ríos Children's Hospital in Caracas. The action was based on the rights to life and to health enshrined in the Constitution, human rights treaties, and the Children and Adolescents Protection Law. Children had to wait for a long time to get surgery appointments. Some died while waiting and others who did get an appointment died for not being operated earlier.

The Ministry of Labor declared a strike by a group of workers at Las Empresas Varias de Medellín (EVM) to be illegal alleging the right to strike was prohibited in public services. As a consequence, 209 workers were laid off. After their claims were internally rejected, the laid-off workers filed a complaint with the International Labor Organization's (ILO) Administrative Board (AB) requesting protection for their right to work and to unionize.

The Ombudsman filed a protection action against the Colombian Ministry of Environment and Sociedad Occidental de Colombia Inc. on behalf of the U'wa People, seeking revocation of an oil development license granted to the said company affecting traditional indigenous land (see in this database “Defensor del Pueblo, doctor Jaime Córdoba Triviño (on behalf of several members of U'WA Indigenous Group) vs. Ministerio del Medio Ambiente y Occidental de Colombia, Inc. s. Acción de tutela”). The Colombian court ordered a consultation should take place within 30 days.