Children's and Young Persons’ Rights

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Women Against Violence and Exploitation in Society (WAVES) v. The Republic of Sierra Leone

In 2014 and 2015, an outbreak of Ebola in Sierra Leone forced schools to close for nine months. One consequence of the closures was a significant spike in pregnancies among teenage girls (in some areas, rates went up 65%). As a result, the then-Minister of Education, Science and Technology publicly stated that pregnant girls would not be able to attend mainstream schools while they were pregnant in order to avoid adversely influencing their peers.

Judgment SU-225/98

This tutela case concerned the requirement that the state provide health services to a group of children living in an impoverished area of Bogotá. Four hundred and eighteen families brought this action against the Ministry of Health and the District Secretary of Health seeking free vaccines against two strains of bacterial meningitis. The plaintiffs argued their case under Article 44 of the Colombian Constitution, which guarantees certain freedoms and protections to children, and under various treaties to which Colombia subscribed.

Hartz IV GFCC, Judgment of the First Senate of 09 February 2010 -1 BvL 1/09, 1 BvL 3/09, 1 BvL 4/09

In 2005, Germany began the fourth stage of a program aimed at reducing the costs of the country’s social welfare system, an initiative named after its chief architect, Volkswagen personnel director, Peter Hartz. Hartz IV merged unemployment and welfare benefits, fixing the standard benefit for single people living in old West German states (including East Berlin) at 345 Euros per month. This amount was determined based on a statistical survey of income and expenditure of lower income groups. Benefits for other household members were determined as a percentage of 345 Euros.

Initiative for Social and Economic Rights v. Attorney General. Civil Suit No. 353 of 2016

High Court of Uganda Finds Discrepancy in Quality between Public, Government Aided and Public Private Partnership Schools, Violates the Right to Education and Equality

Following the introduction of the Universal Secondary Education (USE) program in 2007 by the Government of Uganda, the program was subsequently implemented in public schools, government grant aided schools, private for profit Public Private Partnership (PPP) schools, and private not for profit PPPs. The Government paid UGX 47,000 per student for those enrolled in PPP schools, as opposed to UGX 230,000 per student enrolled in government aided and public schools.

STC 4360-2018

Colombian Supreme Court Rules to Protect Future Generations and Amazon Rainforest in Climate Change Case

With the support of Dejusticia, 25 children and youth filed suit against the President of Colombia, the Ministry of Environment, the Ministry of Agriculture and the municipalities of the Colombian Amazon claiming that deforestation in the country’s Amazon region and the resulting greenhouse gas emissions threaten their rights to a healthy environment, life, health, food, and access to water.

Dladla v City of Johannesburg, (2017) ZACC 42

Shelter Residents Successfully Challenge Rules on Family Separation and Lockout

This case grew out of the 2011 judgment in Blue Moonlight, where the Constitutional Court of South Africa held that municipalities have a constitutional obligation to provide temporary emergency accommodation to all evictees who would be rendered homeless.

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.

E.L (Female) v. The Republic, (Criminal Case No. 36 of 2016) [2016] MWHC 656 (19 January 2016)

A human rights-based approach to the criminalization of HIV exposure

The appellant, E.L., a 26 year old mother of four living with HIV, was charged and convicted in the lower court under Section 192 of the Malawian Penal Code (Code) for unlawfully (negligently) engaging in an act likely to spread a disease dangerous to life. The prosecution argued that the appellant “unlawfully, negligently and knowingly” breastfed the complainant’s baby, who was left in her care. At the time of the incident, E.L. was on Anti Retro Treatment (ART).

Mohamed Ben Djazia and Naouel Bellili v. Spain, CESCR, Communication No. 5/2015, UN Doc. E/C.12/61/D/5/2015 (20 June 2017)

CESCR confirms right to housing applies to private tenancy arrangements

In October 2013, Mohamed Ben Djazia, Naouel Bellili and their two minor children were evicted from the home they had rented in Madrid, Spain, after their private rental contract expired. Spain was then experiencing a devastating economic crisis with high levels of unemployment, and this had affected the Ben Djazia-Bellili family, leaving them unable to pay rent for some time. Mr. Ben Djazia had repeatedly applied for social housing for well over a decade and was denied each time.

Case of DH and Others v. The Czech Republic, App. No. 57325/00, (Grand Chamber final judgment) (13 November 2007)

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.