Caselaw Database - All Cases

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

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

A group of Philippine legislators brought this case to challenge the constitutionality of Republic Act No. 8180, otherwise known as the Downstream Oil Industry Deregulation Act of 1996, specifically Sections 5(b), 6 and 9(b) of the Act.

This case was brought by six pregnant or lactating women who lived in poverty in a Delhi slum.  The women were denied food rations, as well as prenatal and children health benefits which they were entitled to under several national benefit programs.

The case was brought by disadvantaged children in need of accommodation and treatment in high support units.  The children asserted that the state was under a constitutional obligation to provide them with special care and appropriate educational facilities.  The state agreed that such facilities were necessary and had begun the planning process for building them.  However the projects suffered many administrative and logistical delays.  A High Court Judge issued a mandatory injunction (an order requiring the performance of a specific act), incorporating the state’s plan and ordering the go

This public interest litigation case (PIL) was filed via Article 32 of the Indian Constitution directly before the Supreme Court of India and petitioned the Court to direct the State of Uttar Pradesh (UP) to take steps to end child labor. Thereafter a Court-appointed committee reported the enormity of child exploitation in UP’s carpet industry, finding that many children were kidnapped from Bihar, that the industry largely employed minor children under 14 years, and that many experienced physical abuse. 

The Juma Masjid Trust had allowed the Juma Musjid Primary School, a public school, to operate on its private property for an extended period of time. A dispute arose when the provincial Department of Education responsible for the school did not pay the Trust for rent or out-of-pocket expenses to run the school, and also did not adequately respond to a notice and other communications from the Trust to vacate the premises. The Trust then sought an eviction order to remove the School from its property.

The petitioner, Lakshmi Kant Pandey, an attorney, wrote to the Supreme Court (Court) alleging neglect and malpractice on the part of social organizations and private adoption agencies facilitating the adoption of Indian children to foreign parents.  He noted the long and hazardous journeys these children made to foreign countries, along with instances of neglect they experienced from their adoptive parents resulting in impoverishment or sexual exploitation of the children.

The dispute in this case consists of two elements and arose when the first respondent purportedly purchased a property, Angus Mansions, in Johannesburg. In the initial action, the first respondent sought the eviction of approximately 300 people who were residing on the property (the applicants). The opposing action called into question the validity of the sale agreement and, consequently, the eviction order.