Caselaw Database - All Cases

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

The Mapuche Pehuenche people of the Upper Bío Bío sector, in the Eighth Region of Chile, started a long fight to defend their rights when the Government of Chile authorized the construction of hydroelectric plants that would have deep consequences on their ancestral land and culture.

An HIV/AIDS-positive person submitted an amparo action with Peru's Health Ministry requesting full medical care, including permanent supply of drugs and periodical testing, as well as CD4 and viral load tests. The petitioner alleged to lack enough financial resources to face the high cost of the treatment. The Court accepted the amparo action and ordered government agencies to comply with Article 8 of Law 26626, which set forth that a Plan to Fight AIDS should have top priority in the budget.

The Mayagna Awas (Sumo) Tingni Community lives in the Atlantic coast of Nicaragua and is made up of approximately 142 families. Jaime Castillo Felipe, a leader of the community, lodged a petition before the Inter-American Commission on Human Rights (IACHR) denouncing the State of Nicaragua for failing to demarcate the Awas Tingni Community's communal land and to take the necessary measures to protect the Community's property rights over its ancestral lands and natural resources.

Several organizations of users and consumers, and human rights organizations submitted to International Center for Settlement of Investment Disputes (ICSID) a “Petition for Transparency and Public Participation as Amicus Curiae,” within the framework of proceedings started by Aguas Argentinas, Suez and Vivendi. These companies demanded from the State of Argentina an indemnification for damages caused upon their investments as a result of the public utility rates freeze following Argentina's abandonment in 2001 of the system that pegged its currency to the dollar.

The Prosecutor's Office initiated a public civil action against the State of Rio Grande do Sul, Brazil, seeking to achieve enforcement of the Children and Adolescents Law (domestic law), including the creation and maintenance of confinement and partial release programs for young offenders.  The Regional Courts for Young Offenders had to order socio-educational confinement measures to be implemented in Porto Alegre, because this was the only city where such facilities were available.  This situation prevented children and adolescents from exercising their right to be confined at the same or

Jeannine Godin lived in poverty and relied on social assistance.  The Minister of Health and Social Services had been granted custody of her three children for six months, and was applying to extend this for another six months.  She applied to legal aid for a lawyer to represent her at the hearing but was denied because legal aid did not cover temporary custody hearings.  She applied to the court for an order that funds be provided for a lawyer and asked for a declaration that the restricted eligibility for legal aid violated her rights to life, liberty and security of the person under s.

Port Elizabeth Municipality filed an eviction application in response to a neighbourhood petition against 68 adults and children occupying shacks erected on privately owned land.  They had been living on this undeveloped land for between two to eight years and were willing to vacate the property subject to reasonable notice and suitable alternative land.

400 people who had been evicted from adjacent municipal land settled on the private Modderklip farm in 2000. In April 2001 an eviction order was issued, but the occupiers had no place to go and failed to comply.  The numbers of occupiers continued to increase and the sheriff demanded a deposit of 1.8 million rand – more than the land was worth to carry out the eviction.   

According to Section 298 each local education authority (‘LEA') was required to make arrangements for the provision of suitable education for those children of compulsory school age who, by reason of, amongst other things, illness, might not otherwise receive it. According to Section 298, “‘suitable education,' in relation to a child...

Under Sections 20 and 21 of the Urban Land Ceiling and Regulation Act, 1976, the State Government exempted certain excess land from the provisions of the Act on the condition that the land be used by the builders for the purpose of providing housing for the ‘weaker sections of society.'  It was alleged that the builders had not done so. Although it found that the applicant's writ of petition had been rendered infructuous, the Bombay High Court gave some directions regarding future monitoring of the scheme sanctioned under Section 20.