Caselaw Database - All Cases

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

Following the exhaustion of available legal avenues of redress in the Republic of Korea (Korea), this communication was submitted before the UN Committee on the Elimination of Racial Discrimination (Committee) in 2012. The case concerns mandatory tests for HIV/AIDS and illegal drugs use required of foreign teachers of English in Korea. Korean citizen teachers and ethnic Korean noncitizen teachers are not required to undergo such scrutiny.

In this case, a landlord applied for the High Court to set aside a decision by the Gauteng Rental Housing Tribunal (“Tribunal”). Eighty rental tenants had brought a complaint to the Tribunal based on their landlord’s charge of about R385 per month per tenant for electricity in addition to the costs they paid for their individual consumption. The tenants discovered that the utility service provider, City Power, charged the landlord about R337,50 per month for the whole building. This meant that their landlord was generating a significant profit from the service charge.

In 2012, the African Commission on Human and People’s Rights (Commission) accepted this communication as admissible for consideration. The case was filed on behalf of three prominent human rights defenders working in Sudan, Monim Elgak, Amir Suliman and the late Osman Hummaida, who were targeted for their alleged cooperation with the ICC in its investigation of several Sudanese political leaders. The three men were arrested by Sudan’s National and Intelligence Services (NISS), tortured and maltreated for three days.

In 2004 Botswana’s Secretary of Health circulated an internal directive to public medical facilities informing them of a Presidential Directive authorizing “provision of free treatment to non-citizen prisoners suffering from ailments other than AIDS.” HIV-positive Zimbabwean prisoners filed lawsuits challenging this directive after being denied free Anti-Retroviral Therapy (ARV).

On June 25th, 2015, in King v. Burwell, the Supreme Court decided a matter impacting the health care coverage of millions of Americans. The Affordable Care Act (ACA) was enacted by Congress in 2010 to increase the number of Americans covered by health insurance. Under the ACA, people can purchase health insurance through an “exchange” in each state, basically, a marketplace that allows people to compare and purchase insurance plans. Every state can create its own exchange but if the state chooses not to, the federal government then establishes such an exchange.

In 2011, the petitioners filed a constitutional petition alleging that the government had violated the Ugandan Constitution through acts and omissions with regard to maternal health services. More specifically, the petitioners contended that the government had failed to provide basic maternal health services and to adequately budget for maternal health and that the unethical behavior of health workers led to the preventable deaths of expectant mothers during childbirth.

Following extensive legal proceedings in Tanzania, this communication was submitted before the Committee on Elimination of Discrimination against Women (Committee) in 2012. The case concerns the plight of two widows in Tanzania (E.S. and S.C.) who, under Tanzania’s customary inheritance law, were denied the right of inheriting or administering the estates of their late husbands. Thereafter they were, along with their minor children, evicted from their homes by their in-laws.

This case came before the Supreme Court of India, on appeal, against a Bombay High Court verdict striking down the Maharashtra government’s statewide ban on dance performances in bars. The ban dates back to August 2005, and prohibited ‘any type of dancing' in an "eating house, permit room or beer bar", but made an exception for dance performances in three stars hotels and above, and other elite establishments. The State justified the ban by asserting that bar dancing corrupts morals, fuels trafficking and prostitution, and causes exploitation of women bar dancers.

On 17th July, 2014, the European Court of Human Rights (ECHR) held the Romanian government accountable for violating the human rights of Valentin Câmpeanu, a youth with severe mental disabilities and HIV positive, who died in 2004. Abandoned at birth, he lived in public institutions all his life. When he turned eighteen, he was shifted to a social care home for adults, and afterwards, to a mental hospital. Here, left in isolation, and in the cold, without necessary health care and treatment, and deprived also of food and proper clothing, he died within seven days.

This case concerns the conflict between the constitutional right to adequate housing and an owner’s right to develop private property.  Eighty-six poor individuals were unlawfully occupying private unused industrial facilities as living quarters.  The owner of the property (Blue Moonlight) sued to evict the occupiers in order to develop the property, which would almost certainly render them homeless.  The occupiers argued that the city had an obligation to provide them with temporary housing under the South African Constitution and the Prevention of Illegal Eviction from, and Unlawful Occup