Caselaw Database - All Cases

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

Daniels v. Scribante and Another, (2017) SA (CC), (2017) BCLR (CC), [2017] ZACC 13

Yolanda Daniels is a domestic worker and sole head-of-household who resided for 16 years in a farm dwelling.  She began living there when her former husband was employed by the owner.  She and her three children remained in the dwelling with the owner’s consent after the couple divorced. 

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European Roma Rights Centre v. Italy, European Committee of Social Rights, Complaint No. 27/2004

The European Roma Rights Centre (ERRC) brought this case against Italy for violating Article 31 and Article E of the Revised European Social Charter in failing to protect the Roma population’s right to housing, as well as systematically discriminating against the Roma community. In 2005, the European Committee of Social Rights (ECSR) reported its decision in the case to the Committee of Ministers of the Council of Europe to enforce Italy’s compliance with the judgment.

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Portillo Cáceres and Others v. Paraguay, CCPR/C/126/D/2751/2016, Communication 2751/2016

UN Human Rights Committee Finds Right to Life Violation Due to Massive Crop Fumigation in Paraguay

On January 6, 2011, farmer Ruben Portillo died in transit from a hospital after experiencing severe nausea and fever, allegedly because of his intake of agrochemicals (pesticides and insecticides). Twenty-two other members of Colonia Yeruticreadaen (“Colonia”), in the Curuguaty District of Paraguay, were affected by similar symptoms at the same time.

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Samatha vs State of A.P. and Ors., AIR 1997 SC 3297, JT 1997 (6) SC 449, 1997 (4) SCALE 746

This case concerns the leasing of tribal lands for mining and industrial purposes.  The State of Andhra Pradesh granted leases to several non-tribal persons to mine tribal lands.  Samatha, a group representing the rights of affected tribal persons, filed a petition in the High Court of Andhra Pradesh arguing that the granting of leases to tribal lands to non-tribal persons for mining purposes violated the Andhra Pradesh Scheduled Areas Land Transfer Regulation (1959) and the Forest Conservation Act (1980).  The petition was rejected by the High Court and Samatha subsequently appealed to the

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Melani and Others v. City of Johannesburg and Others (02752/2014) [2016] ZAGPJHC 55

High Court in South Africa Affirms State Duty to Upgrade Informal Settlement

For over 20 years, the City of Johannesburg promised residents that it would upgrade Slovo Park in the face of a lack of electricity, adequate water, sanitation, refuse removal, demarcated roads, and a proneness to fatal shack fires.  The City’s inaction led residents to develop their own upgrading plans in keeping with the Upgrading of Informal Settlements Policy (UISP) contained within the National Housing Code.  Despite residents’ efforts to engage the City on implementing these plans, the City was unresponsive.  Consequently, represented by the

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ND v. Attorney General of Botswana and others

High Court of Botswana Protects Transgender Man’s Right to Have Identity Document Reflect His Gender Identity

ND is a transgender man, and his sex assigned at birth was female. Because the gender marker on ND’s national identity card did not match his expressed gender or gender identity, the refusal of the government to change his gender marker exposed him to ongoing and extreme emotional stress and discomfort.

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Poblete Vilches and Others v. Chile

Inter-American Court Finds Right to Health Violation in the Context of Emergency Medical Services

On January 17, 2001, Vinicio Poblete Vilches was admitted to the Chilean public Hospital Sotero del Rio with severe respiratory failure. He was 76 years old and was sent to the Intensive Care Unit (ICU), where he was in an unconscious state for several days. He underwent surgery, was discharged and readmitted, and died in the hospital on February 7. The principal questions before the Inter-American Court were whether the state violated: 1) the human rights to health and life of Mr.

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Judgment No. T-426/92

Petitioner, 69-year old Hernando de Jesus Blanco Angarita, filed a tutela action before the Constitutional Court after the First Civil Municipal Court of Bogota found that the National Social Security Fund had not violated his constitutional rights by delaying the transfer of his deceased wife’s pension. The Constitutional Court reversed the First Civil Municipal Court and held that there had been a violation of rights recognized both in the Colombian Constitution and international law.

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Vedanta Resources PLC and Another v. Lungowe and Others

UK Supreme Court Upholds Jurisdiction over UK Parent Company in Connection with Zambian Subsidiary Misconduct

The claimants in this action are 1,826 citizens of Zambia from four different communities in the Chingola District. The claimants allege harms to their health and ability to farm due to pollution of their sole water source from activities at the Nchanga Copper Mine. The defendants are Konkola Copper Mines (KCM), owner and operator of the mine, and Vedanta Resources PLC (Vedanta), ultimate UK parent company of KCM.

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Grace Maledu and Others v. Itereleng Bakgatla Mineral Resources (Pty) Limited and Another [2018] ZACC 41

South African Constitutional Court Protects Informal Land Rights Threatened by Mining Activities

The Lesetlheng community applicants brought this case before the Constitutional Court of South Africa on appeal from a High Court order evicting them from their farm. The Lesetlheng community is a subset of the larger Bakgatla-Ba-Kgafela community. The Lesetlheng communities’ ancestors purchased the farm in question in 1919, but owing to the racially discriminatory laws at the time, the ownership of the farm could not be transferred to the Lesetlheng community.

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