Caselaw Database - All Cases

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

Swaziland High Court advances women's property rights

Nombuyiselo Sihlongonyane and Mholi Joseph were married under civil rites and in community of property.[1] In January 2013, on the basis of her husband’s infidelity and mismanagement of their estate, Sihlongonyane applied to the High Court of Swaziland (High Court) to have her husband removed as the administrator of their joint property.

Swaziland Supreme Court advances women's property rights

Mary-Joyce Doo Aphane, a woman’s rights activist, commenced legal proceedings in the High Court of Swaziland (High Court) against the Registrar of Deeds, the Minister of Justice and Constitutional Affairs, and the Attorney General, arguing that Section 16(3) of the Deeds Registry Act, 1968 (Act) violated her constitutional right to equality because it forbids women married in community of property[1] to register immov

Participatory implementation of D.H. case promotes inclusion of Roma children in Czech schools

The applicants were Czech children of Roma descent, between nine and 15 years old, who had been placed in "special schools" for children with mental disabilities between 1996 and 1999. Their situation was not unique. In 1999, the probability of a Roma child of being assigned to a “special school” was more than 27 times higher than for a non-Roma child.

Kansas Supreme Court decides school funding should be equitable and adequate

In 2010, four Kansas school districts, 31 students, and their guardians sued the State of Kansas alleging that cuts in public school budgets beginning in 2009 had left schools inadequately funded and that portions of the funding were inequitably distributed, in violation of Article 6 of the Kansas Constitution (regulating education provision), state statutes, and due process and equal protection clauses of the Kansas and United States Constitutions.

Supreme Court of India issues decision to protect land rights

In 2006, the Government of West Bengal agreed to let Tata Motors Ltd. (Tata Motors) construct and operate a car manufacturing unit in their state (Small Car Project). Accordingly, the West Bengal Industrial Development Corporation, Ltd. (WBIDC) acquired approximately 1000 acres of agricultural land for the project pursuant to the Land Acquisition Act, 1894 (L.A. Act), affecting the livelihoods of approximately 25,000 people – farmers, sharecroppers, landless laborers, and rickshaw pullers. The claimants in this case were five farmers and small landowners.

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.