Economic, Social and Cultural Rights (General)

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The Yakye Axa community, a Paraguayan indigenous community belonging to the Lengua Enxet Sur people, filed a complaint with the Inter-American Commission of Human Rights (IACHR) alleging Paraguay had failed to acknowledge its right to property over ancestral land. Given its impossibility to solve the case, the Commission referred it to the Inter-American Court of Human Rights.

The Commission on Human Rights has established certain mechanisms to address thematic and country-specific human rights issues. One of these special procedures is the appointment of special rapporteurs or independent experts, whose mandate is to "examine, monitor, advise, and publicly report on...

ESCR are found throughout the body of international human rights law. Apart from the International Covenant on Economic, Social and Cultural Rights, there are two major conventions which are important for the protection of ESCR: the Convention on the Elimination of All Forms...

This section provides in-depth information about the specific content, minimum core standards, and other implications of individual economic, social and cultural rights.

An HIV/AIDS-positive person submitted an amparo action with Peru's Health Ministry requesting full medical care, including permanent supply of drugs and periodical testing, as well as CD4 and viral load tests. The petitioner alleged to lack enough financial resources to face the high cost of the treatment. The Court accepted the amparo action and ordered government agencies to comply with Article 8 of Law 26626, which set forth that a Plan to Fight AIDS should have top priority in the budget.

The Mayagna Awas (Sumo) Tingni Community lives in the Atlantic coast of Nicaragua and is made up of approximately 142 families. Jaime Castillo Felipe, a leader of the community, lodged a petition before the Inter-American Commission on Human Rights (IACHR) denouncing the State of Nicaragua for failing to demarcate the Awas Tingni Community's communal land and to take the necessary measures to protect the Community's property rights over its ancestral lands and natural resources.

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.   

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.

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.
 

The communication alleged that the military government of Nigeria was guilty of, amongst other things, violations of the right to health, the right to dispose of wealth and natural resources, the right to a clean environment and family rights, due to its condoning and facilitating the operations of oil corporations in Ogoniland.