Caselaw Database - All Cases

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

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.

A group of retired citizens filed a petition with the Inter-American Commission on Human Rights (IACHR) against the State of Peru. The IACHR subsequently filed an action with the Inter-American Court of Human Rights alleging violation of rights to private property and judicial protection, and of the obligation to ensure progressive realization of social rights. During their active working life, the petitioners were employed as officials of a State agency that had its own pension fund.

The Yakye Axa community, a Paraguayan indigenous community belonging to the Lengua Enxet Sur people, filed a complaint with the Inter-American Commission of Human Rights (IACHR) alleging Paraguay had failed to acknowledge its right to property over ancestral land. Given its impossibility to solve the case, the Commission referred it to the Inter-American Court of Human Rights.

A group of citizens living with HIV/AIDS filed an amparo action against the Health and Assistance Ministry (HAM) due to its refusal to deliver drugs needed to treat the virus as prescribed (triple therapy). Applicants had no social security and lacked financial means to buy the prescribed drugs.

On April 27, 1998, oil company Arco Oriente Inc. signed an hydrocarbon development agreement with Ecuador. Although 70% of the land belonging to Federación Independiente del Pueblo Shuar del Ecuador (FIPSE) was within the area to be devoted to the project, its members were not notified of the terms of the agreement or the related environmental impact. FIPSE, in a Special Meeting of its members, decided to prohibit all individual negotiations or agreements by FIPSE Member Centers or Associations with the company. This was notified to both the State and the company.