Caselaw Database - All Cases

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

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.

A petition was filed with the Inter-American Commission on Human Rights (IACHR) against the State of Brazil and in favor of the Yanomami indigenous community.

Provea requested the Supreme Court of Venezuela (TSJ) to issue its opinion on the constitutionality of the failure by Asamblea Nacional (AN, Parliament) to create a temporary system to regulate the Employment Benefits Scheme when it had passed the Social Security System Law. This failure implied denying benefits to employees suspended or fired. Provea alleged there had been a violation of the rights to social security, workers' protection and the principle of progressiveness regarding fundamental rights under the Constitution and international human rights conventions.

A group of persons living with HIV and covered by Instituto Venezolano de los Seguros Sociales (IVSS) filed an amparo action against IVSS requesting it to ensure regular and consistent supply of triple-therapy drugs and other drugs needed to treat opportunistic diseases, as well as to provide coverage of expenses of all necessary medical tests. The petitioners also requested that the effect of the decision be extended to all HIV-positive persons covered by IVSS.

The Inter-American Commission on Human Rights (IACHR) received a petition in favor of Dilcia Yean and Violeta Bosica against the Dominican Republic for denying them the Dominican nationality although they were born there. The petitioners claimed that, since their nationality was not acknowledged, the girls were exposed to the imminent threat of being expelled from the country and, lacking an identity document, could not attend school.

The Ombudsman filed an amparo action against the Ministry of Environment and Sociedad Occidental de Colombia Inc. on behalf of the U'wa people. The presentation sought the revocation of a license granted to the said company to develop an oil project in indigenous lands, alleging the communities potentially affected by the decision had not been duly consulted before the license had been granted.

In its 39th session (May 16-June 3 2005), the Committee on the Rights of the Child, the supervisory body of the International Convention on the Rights of the Child (CRC), issued its opinion on a possible incompatibility between the CRC and the standards in the free trade agreement being negotiated by Ecuador, Colombia and Peru, and the U.S. The Committee expressed concern about the possibility that the proposed intellectual property standards undermine the State's ability to ensure access to low cost drugs and to fulfill its obligations under international human rights law.

Comité Panameño por los Derechos Humanos denounced the State of Panama before the Inter-American Commission on Human Rights (IACHR) for having arbitrarily laid off 270 public officials and union leaders who had taken part in several rallies against the administration's policies and to defend their labor rights. The lay-offs had followed an accusation made by the Government against the same individuals based on their participation in the demonstrations and on their alleged collaboration with a military uprising.