Caselaw Database - All Cases

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

South Africa is in the midst of an HIV/AIDS epidemic with more than 6 million people infected.    In 2,000, with infections of newborns in the range of 80,000 per year, the anti-retroviral drug Nevirapine offered the potential of preventing the infection of 30 – 40,000 children per year.  The drug was offered to the Government for free for five years, but the South African Government announced it would introduce Mother-To-Child-Transmission (MTCT) only in certain pilot sites and would delay setting these up for a year, thereby denying most mothers access to treatment.  The Treatment Action

Francophone parents in five school districts applied for an order that French-language facilities and programs be provided at the secondary school level as required by s. 23 of the Canadian Charter of Rights and Freedoms.   The trial judge found a s.

In 1994 the Agriculture Labour Relations Act (ALRA) was passed to include agricultural workers in the Province of Ontario's labour relations regime.  One year later a newly elected Conservative government repealed the ALRA.  The Appellants challenged both the repeal of the ALRA and the exclusion of agricultural workers from the Labour Relations Act (LRA) as an infringement of the rights of agricultural workers to associate under section 2(d) of the Canadian Charter.  They also alleged discrimination against a vulnerable class of workers, in violation of the right to equali

A community of squatters, evicted from an informal settlement in Wallacedene had set up minimal shelters of plastic and other materials at a sports centre adjacent to Wallacedene community centre. They lacked basic sanitation or electricity. The group brought an action under sections 26(the right of access to adequate housing) and 28 (children's right to basic shelter) of the South African Constitution for action by various levels of government.

An action was filed by several minors represented by their parents against the Department of Environment and Natural Resources to cancel existing timber license agreements in the country and to stop issuance of new ones. It was claimed that the resultant deforestation and damage to the environment violated their constitutional rights to a balanced and healthful ecology and to health (Sections 16 and 15, Article II of the Constitution).   The petitioners asserted that they represented others of their generation as well as generations yet unborn.

The petitioner sustained serious injuries after falling off a train. He was refused treatment at six successive State hospitals because the hospitals either had inadequate medical facilities or did not have a vacant bed. 

The applicants alleged, amongst other things, that the legislative regime in The Gambia for mental health patients violated the right to enjoy the best attainable state of physical and mental health (Article 16) and the right of the disabled to special measures of protection in keeping with their physical and moral needs (Article 18(4)).  Both rights are guaranteed in the African Charter on Human and Peoples' Rights.    

A large number of residents of basties (informal settlements) of Dhaka City were evicted without notice and their homes were demolished with bulldozers. A case, challenging the ongoing evictions, was brought by two residents and three citizens in the public interest. The Supreme Court held that inhabitants had some rights to shelter and a fair hearing and made recommendations for resettlement.

Mrs Airey sought judicial separation from her physically abusive husband. As she was unable to conclude a separation agreement with her husband, she sought a judicially ordered separation. She was unable to obtain such an order since she lacked the financial means, in the absence of legal aid, to retain a solicitor. The European Court of Human Rights held this was a violation of her right to access a court for determination of her civil rights and obligations (Article 6). Citing international law and the Convention's intention they said that remedies must be effective not illusory.

The Texas Constitution declares that “a general diffusion of knowledge” is “essential to the preservation of the liberties and rights of the people”. Further, the Legislature and State have a duty “to establish and make suitable provision for the support and maintenance of an efficient system of free schools” (Article VII § 1). Here, the Petitioners sought a review of an appeal court's order that reversed a trial court judgment which found that Texas' school financing system violated the Texas Constitution. This system relied on local property taxes to fund schools.