Children's and Young Persons’ Rights

Primary tabs

The Juma Masjid Trust had allowed the Juma Musjid Primary School, a public school, to operate on its private property for an extended period of time. A dispute arose when the provincial Department of Education responsible for the school did not pay the Trust for rent or out-of-pocket expenses to run the school, and also did not adequately respond to a notice and other communications from the Trust to vacate the premises. The Trust then sought an eviction order to remove the School from its property.

This case concerns the residents from the informal settlement of Makhaza, part of the Silvertown Project in Cape Town. The City of Cape Town had decided to upgrade the informal settlement under the Upgrading of Informal Settlements Programme (UISP).

The International Federation of Human Rights Leagues (FIDH) claimed in a petition before the European Committee of Social Rights (which judges compliance of State parties with the European Social Charter) that France had violated the right to medical assistance (Article 13 of the Revised European Social Charter) by ending the exemption of illegal immigrants, with very low incomes, from charges for medical and hospital treatment.

The Mental Disability Advocacy Center brought a complaint before the European Committee of Social Rights (which judges compliance of State parties with the European Social Charter) alleging that children living in homes for mentally disabled children (HMDCs) in Bulgaria received little to no education.

Over the last decade, the legal opportunities for claiming economic, social and cultural (ESC) rights have greatly increased in many parts of Africa. This can be seen in the growing use of litigation strategies amongst civil society, increased legal mobilisation of...

A mentally disabled woman with three children sought to set aside an eviction order from the family home obtained by her former husband. In making the eviction order, the magistrate found that the man was the registered owner of the property and the former wife and the children occupied the home after he had withdrawn his consent. The magistrate acknowledged the woman’s disability, but found that the former wife had suitable alternative accommodation available because she could move back in with her relatives (which she denied).

This case addresses the plight of as many as 100,000 children (known as talibés), who while attending Qur’anicschools (daaras) in Senegal, are forced by some instructors to beg in the streets, to secure their own survival and enrich the teachers. The children live away from their families, often in deplorable conditions, and are exposed to brutal physical assaults, malnutrition, illness, sexual abuse, and several other vulnerabilities. The forced begging leaves no time for a proper education.

On May 5, 2011, Irene Nanteza arrived at Nakaseke Hospital with her husband. Although a nurse confirmed the signs of obstructed labor and called the doctor on duty, the doctor did not arrive until Nanteza had been in labor for about 8 hours. The patient died of a hemorrhage and ruptured uterus. Despite the hospital administrator’s awareness of Nanteza’s condition and the doctor’s absence prior to her death, the Court noted that it was not shown that he made any effort to transfer her to another hospital.

In 1991, the Philippines delegated responsibility for “people’s health and safety” to the local level. In exercise of this power, an executive order 003 (“EO 003”) was issued in Manila, in 2000 which declared that the city would take an “affirmative stand on pro-life issues”. In response to a joint submission from NGOs in 2008, the UN Committee on Elimination of Discrimination against Women (Committee) conducted an inquiry into alleged human rights violations resulting from the enforcement of EO 003.  

In 2006, Asociación Civil por la Igualdad y la Justicia (ACIJ), an organization member of the ESCR-Net, filed an amparo action against the Government of the City of Buenos Aires. The purpose of the action was to have the Court order the Government to comply with its existing constitutional obligation to ensure and finance access to early education. The case centered on violations of the right to education and to equality, as well as the principle of personal autonomy.