Caselaw Database - All Cases

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

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.

This collective complaint, made by the European Roma Rights Centre (ERRC), alleged that Roma in Greece were denied an effective right to housing.

The Committee held that the implementation of Article 16 with regard to nomadic groups, including itinerant Roma, implies that adequate stopping places should be provided. The Committee stated that, in this respect, Article 16 contains similar obligations to Article 8 of the European Convention of Human Rights. 

Mrs Zwaan de Wries became unemployed in February 1979 and was granted unemployment benefits until October 1979. But she was denied continued support under the Unemployment Benefits Act (WWV) because she was a married woman and was not the family ‘breadwinner'. Married men could obtain the benefits without the need to prove they were a ‘breadwinner'.

The International Commission of Jurists (ICJ) alleged that a large number of children in Portugal (estimated at 200,000 children) worked in poor conditions that affected their health. The ICJ claimed that Portugal was violating article 7(1) of the European Social Charter (ESC) by failing to properly supervise child labour. The government disputed the ICJ's statistics, claiming a maximum of 27,000 children worked and only 2,500 children were paid workers and employed in contravention of the Charter.

FIDH claimed that France had violated the right to medical assistance (Article 13 of Revised European Social Charter) by ending the exemption of illegal immigrants, with very low incomes, from charges for medical and hospital treatment. Further, the complainant alleged the rights of children to protection (Article 17) were contravened by a 2002 legislative reform that restricted access to medical services for children of illegal immigrants. The Committee found that France had acted contrary to the rights of children, but not adults.

The applicants were permanent residents in South Africa. They challenged legislative provisions, which limited entitlement to social grants for the aged to South African citizens, and would prevent children of non-South African citizens in the same position as the applicants from claiming any of the childcare grants available to South African children (regardless of the citizenship-status of the children themselves).  

A permit was granted by the Central Forestry Board to a private company to quarry stone from the Etela-Riutusvaara mountain. Indigenous members of the Muotkatunturi Herdsmen's Committee asserted that the quarrying of the stone and its transportation through their reindeer herding territory would violate their right to enjoy their culture under Article 27 International Covenant on Civil and Political Rights (ICCPR).  

Five joined communications alleged the existence of slavery and analogous practices in Mauritania and of institutionalized racial discrimination perpetrated by the ruling Moor community against the more populous black community. It was alleged, amongst other things, that black Mauritanians were enslaved, routinely evicted or displaced from their lands, which were then confiscated by the government along with their livestock.  It also was alleged that black Mauritanians were denied access to employment and were subjected to tedious and unremunerated work.

The South African government decided to establish a transit camp on the grounds of the Leeuwkop Prison (state-owned land) for Alexandra Township flood victims. It was intended that the occupants would then move to permanent housing when it became available. The plan was apparently made without consultation with the residents in the area and a residents' association, Kyalami Ridge Environmental Association (KREA), requested that the relevant minister suspend operations.