Access to Justice

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T-025 of 2004

The Constitutional Court of Colombia (“the Court”) used its judicial review powers to assess the situation of displaced persons in Colombia. Around 1,150 family groups filed tutela or protection claims with their respective municipalities regarding the state’s duty to protect them due to their status as displaced persons. They requested aid, but the state denied aid or gave it for an incomplete amount of time, citing budgetary constraints.

Auto 005 of 2009

This case resolves an auto action to protect the rights of the displaced Afro-Colombian population in conformance with the court’s prior declaration in the T-025 decision of 2004 of an “unconstitutional state of affairs” around the situation of the forcibly displaced population.

Four Nigerian Farmers and Milieudefensie v. Shell

These two cases are part of a group of six cases involving Nigerian farmers seeking compensation for the environmental and livelihood damage they suffered as a result of oil leakages from Shell’s pipelines in the villages of Oruma, Goi, and Ikot Ada Udo.

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Guachalá Chimbo et al. v Ecuador

Luis Eduardo Guachalá Chimbo, aged 23 years old at the time of his disappearance, suffered from epileptic seizures since childhood. As of January 21, 2004, he was diagnosed with with a psychosocial disability. Due to insufficient income to cover Mr. Chimbo’s and his family’s basic needs, he was unable to consistently afford the medicines needed to treat his epileptic seizures.

Building sustainable peace. Transforming conflict-affected situations for women

Over the past two years, dozens of ESCR-Net members engaged in cross-network discussions to develop the analytical report “Building sustainable peace. Transforming conflict-affected situations for women.” The report argues that in dealing with conflict-affected situations, it is vital to adopt an intersectional feminist approach via a human rights framework, and provides seven lessons and principles to guide the work in the field.

Sithole and Another v Sithole and Another [2021] ZACC 7

The Legal Resources Centre (LRC) represented Mrs. Agnes Sithole, a seventy-two-year-old woman living in KwaZulu-Natal who married Gideon Sithole in 1972 out of community of property in terms of section 22(6) of the Black Administration Act 38 of 1927 (BAA) and the Commission for Gender Equality in a challenge to the Matrimonial Property Act of 1984. Between 1972 and 1985 Mrs. Sithole worked as a housewife and ran a home-based clothing business successfully to educate her children and assist the family household expenses. After the relationship between Mr. and Mrs. Sithole deteriorated, Mr.

Vera Rojas and Others vs. Chile

The Plaintiff in this case is Martina Vera Rojas and her parents. Martina has Leigh Syndrome, a neurological and muscular condition that requires extensive care and treatment. Martina’s parents took out a health insurance policy with a private insurance company called Isapre MasVida that included special coverage for catastrophic illnesses and at-home treatment. In 2010, Martina was told that at-home treatment would no longer be included for chronic illnesses pursuant to a new regulation (Circular IF/No. 7), at the time, from the Superintendence of Health.

Dudley Lee v. Minister for Correctional Services, [2012] ZACC 30

Applicant, Dudley Lee, contracted tuberculosis (TB) while incarcerated in a detention facility under the supervision of the Minister for Correctional Services. Mr. Lee brought a case against the minister in the Western Cape High Court, Cape Town, which found the minister liable for damages suffered by Mr. Lee.

William Musembi & 13 others v Moi Education Centre Co. Ltd & 3 others

Ten petitioners, on behalf of 326 other residents of City Cotton and Upendo villages alleged that the respondents (1^st Moi Education Centre Co. LTD, 2^nd the Inspector General of police, 3^rd the Cabinet Secretary for Lands, Housing, and Urban Development, and 4^th the Attorney General) violated the petitioners’ right to housing guaranteed under Article 43 of the Kenyan Constitution.

Y.I. v. Russia

Y.I., a mother of three children, was arrested on October 8, 2013, on suspicion of drug trafficking. She had taken opiates for six years starting in 2004, and at the time of her arrest had recently begun taking drugs again and had been allowing others to take drugs in her home. A police officer for juvenile affairs also wrote multiple reports stating that Y.I. had been neglecting her parental responsibilities. Later the same month, her oldest child was taken to live with his biological father and the other children were put into public care.