Enforcement/Implementation of ESCR

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The petition in this public interest litigation (PIL) case cited data from the States of Uttar Pradesh, Bihar, and Maharashtra, regarding government practices regarding female sterilization, which lacked counseling or informed consent, lacked pre- and post-operative care, and included unhygienic and un-anesthetized operating conditions, sterilization of minors, coercion and cruelty.  The PIL requested the Court to direct the state governments to comply with the Ministry of Health and Welfare’s Guidelines on Standards of Female Sterilization, enacted in October 1999 (“the Guidelines”).

This case concerns a 2009 appeal before the Constitutional Court of South Africa, brought by the Head of the Mpumalanga Department of Education (HoD).

This Resource Guide aims to improve the existing knowledge and understanding of activists and lawyers on international norms and standards, such as substantive equality, to support effective advocacy on women’s economic, social and cultural rights.

Developed thanks to the collective work of ESCR-Net Members

Mark Keenan received intermittent psychiatric treatment since the age of 21. At 28, Keenan was admitted to prison, initially to the prison health center. Several attempts were made to transfer him to the general population, but his mental health worsened each time. Following a transfer attempt, he assaulted two guards and his sentence was increased by twenty-eight days. The next day Keenan hung himself.

This ECSR decision stemmed from a collective complaint lodged by the International Center for the Protection of Human Rights (INTERIGHTS), member of ESCR-Net, alleging that the Greek Government violated the right to housing of the Roma in Greece as protected under Article 16 of the ESC in conjunction with the Preamble of said Charter that guaranteed their equal access to social rights as a means to protect against their social exclusion.

Shortly after the plaintiff, Jamie Sinnott, was born in 1977, doctors discovered he was severely autistic.  For the next 22 years of his life, his mother attempted to provide her son with basic speech, language, and motor skills, as well as toilet-training.  Unfortunately, she discovered that the few institutions for children with severely physically and mentally disabilities in Cork, Ireland did not meet the continuous education needs of her autistic child. In 1997, Mrs.

The case was presented by the Human Rights Law Network (HRLN) to the Constitutional Court in light of the non-enforcement of a previous decision that established guidelines against sexual harassment at the work place in India: Vishaka vs.

In 2003, four year old Jeremiah Cronin, diagnosed with attention deficit hyperactivity and autism, was assessed as needing a 32-hour-per-week intensive home-based program to meet his special needs while awaiting placement in Cork CABAS School.  His mother instituted an action for injunctive relief directing the Minister for Education (“the Minister”) to provide such home-based tuition for 29 hours per week during the child’s pre-school phase.  She claimed that her son was entitled to a free primary education under the Irish Constitution, relying on the Irish Supreme Court’s reference to uph

In November 2012, members of the Adjudication Working Group at ESCR-Net —including the Centre for Minority Rights Development (Kenya), Minority Rights Group (UK), Socio-Economic Rights Institute (South Africa), and Norwegian Center for Human Rights (Norway)—facilitated a strategic meeting with leaders of the Endorois community in Kenya, focused on advancing full implementation of the unprecedented recommendations issued by the African Commission on Human and People’s Rights regarding evictions in the Endorois case.

View the final report from the session on OP-ICESCR ratification organized as a part of the Social Rights Litigation Workshop held in South Africa on 12-14 March 2012.