Force exécutoire du ESCR

Onglets principaux

Caselaw

Comunidad Mayagna (Sumo) Awas Tingni vs. Nicaragua

La Comunidad Mayagna (Sumo) Awas Tingni se encuentra ubicada en la Costa Atlántica de Nicaragua y alberga aproximadamente a 142 familias. Jaime Castillo Felipe, Síndico de la comunidad, denunció al Estado de Nicaragua ante la Comisión Interamericana de Derechos Humanos (CIDH) por no demarcar las tierras comunales de la comunidad, ni tomar las medidas necesarias para asegurar los derechos de propiedad sobre sus tierras ancestrales y recursos naturales.

Asociación de Comunidades Aborígenes Lhaka Honhat. Caso Nº 12.094.

En 1998, la Asociación de Comunidades Aborígenes Lhaka Honhat presentó una denuncia ante la Comisión Interamericana de Derechos Humanos (CIDH) contra el Estado argentino. Las comunidades habitantes de la provincia de Salta denunciaron violaciones a sus derechos a la tierra ancestral, a la integridad cultural y a un ambiente sano ante la decisión del Estado de construir un puente internacional y ejecutar un plan de urbanización en su territorio, hechos que modificarían sensiblemente su forma de vida.

President of the Republic of South Africa and Anor. v. Modderklip Boerdery (Pty) Ltd 40 2005 (5) SA 3 (CC)

400 people who had been evicted from adjacent municipal land settled on the private Modderklip farm in 2000. In April 2001 an eviction order was issued, but the occupiers had no place to go and failed to comply. The numbers of occupiers continued to increase and the sheriff demanded a deposit of 1.8 million rand – more than the land was worth to carry out the eviction.

New Brunswick (Minister of Health and Community Services) v.G.(J.), [1999] 3 S.C.R. 46

Jeannine Godin lived in poverty and relied on social assistance. The Minister of Health and Social Services had been granted custody of her three children for six months, and was applying to extend this for another six months. She applied to legal aid for a lawyer to represent her at the hearing but was denied because legal aid did not cover temporary custody hearings. She applied to the court for an order that funds be provided for a lawyer and asked for a declaration that the restricted eligibility for legal aid violated her rights to life, liberty and security of the person under s.

Shantistar Builders v Narayan Khimalal Totame, Civil Appeal No. 2598/1989. Cited as: (1990) 1 SCC 520.

Under Sections 20 and 21 of the Urban Land Ceiling and Regulation Act, 1976, the State Government exempted certain excess land from the provisions of the Act on the condition that the land be used by the builders for the purpose of providing housing for the ‘weaker sections of society.' It was alleged that the builders had not done so. Although it found that the applicant's writ of petition had been rendered infructuous, the Bombay High Court gave some directions regarding future monitoring of the scheme sanctioned under Section 20.

Minister of Health v Treatment Action Campaign (TAC) (2002) 5 SA 721 (CC)

South Africa is in the midst of an HIV/AIDS epidemic with more than 6 million people infected. In 2,000, with infections of newborns in the range of 80,000 per year, the anti-retroviral drug Nevirapine offered the potential of preventing the infection of 30 – 40,000 children per year. The drug was offered to the Government for free for five years, but the South African Government announced it would introduce Mother-To-Child-Transmission (MTCT) only in certain pilot sites and would delay setting these up for a year, thereby denying most mothers access to treatment. The Treatment Action

Government of the Republic of South Africa. & Ors v Grootboom & Ors 2000 (11) BCLR 1169. (CC)

A community of squatters, evicted from an informal settlement in Wallacedene had set up minimal shelters of plastic and other materials at a sports centre adjacent to Wallacedene community centre. They lacked basic sanitation or electricity. The group brought an action under sections 26(the right of access to adequate housing) and 28 (children's right to basic shelter) of the South African Constitution for action by various levels of government.

Doucet-Boudreau v. Nova Scotia (Minister of Education) [2003]

Francophone parents in five school districts applied for an order that French-language facilities and programs be provided at the secondary school level as required by s. 23 of the Canadian Charter of Rights and Freedoms. The trial judge found a s.

Edgewood Independent School District v. Kirby. Cited as: 777 S.W. 2d 391 (Tex. 1989)

The Texas Constitution declares that “a general diffusion of knowledge” is “essential to the preservation of the liberties and rights of the people”. Further, the Legislature and State have a duty “to establish and make suitable provision for the support and maintenance of an efficient system of free schools” (Article VII § 1). Here, the Petitioners sought a review of an appeal court's order that reversed a trial court judgment which found that Texas' school financing system violated the Texas Constitution. This system relied on local property taxes to fund schools.

People's Union for Civil Liberties v. Union of India & Ors, In the Supreme Court of India, Civil Original Jurisdiction, Writ Petition (Civil) No.196 of 2001

Starvation deaths had occurred in the state of Rajasthan, despite excess grain being kept for official times of famine, and various schemes throughout India for food distribution were also not functioning. In 2001, the People's Union for Civil Liberties (PUCL) petitioned the court for enforcement of both the food schemes and the Famine Code, a code permitting the release of grain stocks in times of famine. They grounded their arguments on the right to food, deriving it from the right to life.