Caselaw Database - All Cases

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

Hungary upholds Romani women’s right to equality in health institutions

In February 2016, a Romani woman gave birth a public hospital in Miskolc, north-eastern Hungary. During labour she cried out with pain and the midwife yelled at her “if you shout once more I will push the pillow into your face”. When the woman apologised, the doctor said to her “if you had shouted once more I would have called the psychiatrist to take away child away and then you wouldn’t receive Child Benefit, because anyway, you gypsies give birth only for the money!”

Right to choose and refuse sterilization reaffirmed by India

In January 2012, up to 53 women underwent a sterilization procedure in Bihar, India, at a sterilization camp managed by an NGO which had been granted accreditation by the District Health Society, apparently without following any formal, transparent process. The women had not been given any counseling regarding the potential dangers and outcomes of the sterilization procedures. They were operated on in a school rather than a hospital, in an unsanitary and unethical manner, all by a single surgeon, under torchlight on top of a school desk, and without running water or sanitary gloves.

Data collection on children living with HIV must respect the right to privacy

On February 23, 2015, President Kenyatta issued a national directive, copied to several national government entities, ordering all County Commissioners to collect data and prepare a report on all school-going children living with HIV and AIDS, as well as guardians and expectant and breastfeeding mothers living with HIV and AIDS.

Undocumented workers should be granted equal rights, states the Inter-American Commission

Leopoldo Zumaya and Francisco Berumen Lizalde were both injured on the job while working without work authorization in the United States. Each sustained long-term physical damage and were denied access to compensation solely because of their immigration status. Mr. Zumaya filed a workers’ compensation claim but had to settle for a fraction of what he would have received if he had been a U.S. legal permanent resident or citizen. Mr. Lizalde was arrested and deported to Mexico – seemingly in direct response to his workers’ compensation claim – and therefore was unable to pursue it. 

Constitutional Court case focused on judicial oversight of debt recovery practices in South Africa

The applicants were low-income workers who had obtained small loans from a loan company. When they later became unable to keep up with loan repayments, the company demanded that they sign further documents which resulted in default judgments and emoluments attachment orders (EAOs) being obtained by credit providers, from clerks of magistrates’ courts located far away from where the applicants reside and work, making it very difficult to oppose these orders. In some instances, their signatures that enabled the credit provider to obtain the EAOs were forged.

The Supreme Court of Canada upholds the right to collective bargaining for teachers’ union

On 10 November 2016, in a decisive victory for workers’ rights, the Supreme Court of Canada (SCC) upheld the constitutional right to the freedom of association {S. 2 (d)}, delivering a 7-2 decision in favor of the British Columbia Teacher’s Federation (BCTF), the labour union that represents all public school teachers in the province of British Columbia (BC).

On 27th September 2016, the International Criminal Court (ICC) unanimously found suspected Islamist, Ahmad Al Mahdi, guilty beyond reasonable doubt as a co-perpetrator of a war crime pursuant to art. 8(2)(e)(iv) of the Rome Statute, in response to Mr. Al Mahdi’s intentionally directing of attacks against ten of the most important cultural heritage sites in Timbuktu, Mali, in June and July 2012.

High Court case

In 2012, seeking to standardize education nationwide, the Department of Basic Education (DBE) began the three-year rollout of a new curriculum which entailed staggered introduction of new textbooks. Despite the successful rollout in other provinces, in Limpopo the Provincial Government was unable to deliver textbooks to all learners by the start of the 2012 school year.

Members of the leftist opposition party, the Democratic Pole and La Cumbre Agraria, (a social movement in Colombia) filed a lawsuit challenging Article 173 of the National Development Plan (NDP) in Colombia. The NDP had already banned new mining licenses, but allowed the 347 licenses granted to mine for gold or oil to remain in effect. The páramo, or moorland, is one of the most important ecosystems in Colombia, providing drinking water for much of the country by storing water in the rainy season and releasing it in the dry season.

In 2001 Aberew Jemma Negussie abducted and raped 13-year-old Woineshet Zebene Negash, with the aid of several accomplices. Her abduction was reported to the police, who rescued her and arrested Mr. Negussie in Ethiopia. Evidence of the rape was documented in a medical report. Mr. Negussie was freed on bail and abducted Ms. Negash again, this time hiding her in his brother’s house for a month and forcing her to sign a marriage contract. She managed to escape. In 2003 Mr.