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

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Partido Socialista Brasileiro v. Ministro de Estado da Previdência e Assistência Social, ADI No. 1.946, 2003.

In 1998, Congress approved Amendment 20 to the Brazilian Federal Constitution of 1988, thereby altering the country’s social security system. The amendment imposed a ceiling of R$1200 on social security benefits per beneficiary. On its face, the R$1200 maximum purported to apply neutrally to several benefits categories, including with respect to pregnancy-related leave.

Marcia Cecilia Trujillo Calero v. Ecuador, CESCR, Communication 10/2015, UN Doc. E/C.12/63/D/10/2015 (26 March 2018)

UN Committee on ESCR addresses the impact of unpaid care work on women’s social security access

Marcia Cecilia Trujillo Calero made 29 years’ worth of retirement contributions to the Ecuadorian Institute of Social Security (IESS). Of the 305 contributions she made, approximately half were voluntary contributions made from 1981 through 1995, when she was an unpaid care worker at home, caring for her three children. During an eight-month period starting in 1989, Ms. Trujillo paused her voluntary payments, though she retroactively paid them in full in April 1990. Afterward, Ms.

Minority Rights Group International and SOS-Esclaves on behalf of Said Ould Salem and Yarg Ould Salem v. The Government of the Republic of Mauritania, Decision No: 003/2017

African Children's Rights Committee holds Mauritania Accountable for Child Slavery

Said Ould Salem and his younger brother, Yarg Ould Salem, were born to a Haratine mother, part of Mauritania’s former slave class. While slavery is now outlawed in Mauritania, the practice remains widespread, commonly victimizing members of the Haratine minority. From birth onwards, both brothers became slaves to the El Hassine family. The two children worked seven days a week without rest, including on Fridays.

Lagos del Campo vs Peru, Case No. 12.795, Judgment of 31 August 2017 (Preliminary Objections, Merits, Reparations and Costs)

Inter-American Court recognizes the direct enforceability of ESCR

Alfredo Lagos del Campo was fired from his job on July 1, 1989. Mr. Lagos del Campo had previously been a union leader but, at the time of his dismissal, he was the President of the Electoral Committee, an elected representative of the company’s Industrial Community (a type of employee organization in Peru created through law). Mr. Lagos del Campo gave an interview for a magazine in his capacity as President of the Electoral Committee, stating he had publicly denounced actions by his employer who he believed was pressuring workers using extortion and coercive tactics.

R (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent), [2017] UKSC 51

UK Supreme Court cancels case fees to ensure workers’ access to justice

Prior to the enactment of the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (Fees Order) in the UK, a claimant could pursue and appeal employment proceedings without paying any fee. Fees were introduced under the Fees Order, with the amount varying depending on factors including the claim classification and complexity. Type A claims (£390 fee) generally required less time to resolve. Type B claims (£1,200) included unfair dismissal, equal pay and discrimination claims.

Undocumented Workers v. United States of America, IACHR, Report No. 50/16, Case 12.834, Merits (Publication)

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.

British Columbia Teachers' Federation v. British Columbia, 2016 SCC 49

The Supreme Court of Canada upholds the right to collective bargaining for teachers’ union

On 10 November 2016, in a decisive victory for workers’ rights, the Supreme Court of Canada (SCC) upheld the constitutional right to the freedom of association {S. 2 (d)}, delivering a 7-2 decision in favor of the British Columbia Teacher’s Federation (BCTF), the labour union that represents all public school teachers in the province of British Columbia (BC).

L.G. v. Republic of Korea, CERD/C/86/D/51/2012 Communication No. 51/2012

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.

Monim Elgak, Osman Hummeida and Amir Suliman v Sudan, Communication 379/09

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.

State of Maharashtra & Anr. v Indian Hotel and Restaurants Association & Ors., Civil Appeal No. 2705

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.