Enforcement/Implementation of ESCR

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Shantistar Builders v Narayan Khimalal Totame, Civil Appeal No. 2598/1989. Cited as: (1990) 1 SCC 520.

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.

Minister of Health v Treatment Action Campaign (TAC) (2002) 5 SA 721 (CC)

South Africa is in the midst of an HIV/AIDS epidemic with more than 6 million people infected. In 2,000, with infections of newborns in the range of 80,000 per year, the anti-retroviral drug Nevirapine offered the potential of preventing the infection of 30 – 40,000 children per year. The drug was offered to the Government for free for five years, but the South African Government announced it would introduce Mother-To-Child-Transmission (MTCT) only in certain pilot sites and would delay setting these up for a year, thereby denying most mothers access to treatment. The Treatment Action

Government of the Republic of South Africa. & Ors v Grootboom & Ors 2000 (11) BCLR 1169. (CC)

A community of squatters, evicted from an informal settlement in Wallacedene had set up minimal shelters of plastic and other materials at a sports centre adjacent to Wallacedene community centre. They lacked basic sanitation or electricity. The group brought an action under sections 26(the right of access to adequate housing) and 28 (children's right to basic shelter) of the South African Constitution for action by various levels of government.

Doucet-Boudreau v. Nova Scotia (Minister of Education) [2003]

Francophone parents in five school districts applied for an order that French-language facilities and programs be provided at the secondary school level as required by s. 23 of the Canadian Charter of Rights and Freedoms. The trial judge found a s.

Edgewood Independent School District v. Kirby. Cited as: 777 S.W. 2d 391 (Tex. 1989)

The Texas Constitution declares that “a general diffusion of knowledge” is “essential to the preservation of the liberties and rights of the people”. Further, the Legislature and State have a duty “to establish and make suitable provision for the support and maintenance of an efficient system of free schools” (Article VII § 1). Here, the Petitioners sought a review of an appeal court's order that reversed a trial court judgment which found that Texas' school financing system violated the Texas Constitution. This system relied on local property taxes to fund schools.

People's Union for Civil Liberties v. Union of India & Ors, In the Supreme Court of India, Civil Original Jurisdiction, Writ Petition (Civil) No.196 of 2001

Starvation deaths had occurred in the state of Rajasthan, despite excess grain being kept for official times of famine, and various schemes throughout India for food distribution were also not functioning. In 2001, the People's Union for Civil Liberties (PUCL) petitioned the court for enforcement of both the food schemes and the Famine Code, a code permitting the release of grain stocks in times of famine. They grounded their arguments on the right to food, deriving it from the right to life.

International Commission of Jurists v Portugal, No. 1/1998

The International Commission of Jurists (ICJ) alleged that a large number of children in Portugal (estimated at 200,000 children) worked in poor conditions that affected their health. The ICJ claimed that Portugal was violating article 7(1) of the European Social Charter (ESC) by failing to properly supervise child labour. The government disputed the ICJ's statistics, claiming a maximum of 27,000 children worked and only 2,500 children were paid workers and employed in contravention of the Charter.

Airey v Ireland 32 Eur Ct HR Ser A (1979): [1979] 2 E.H.R.R. 305

Mrs Airey sought judicial separation from her physically abusive husband. As she was unable to conclude a separation agreement with her husband, she sought a judicially ordered separation. She was unable to obtain such an order since she lacked the financial means, in the absence of legal aid, to retain a solicitor. The European Court of Human Rights held this was a violation of her right to access a court for determination of her civil rights and obligations (Article 6). Citing international law and the Convention's intention they said that remedies must be effective not illusory.

Ain o Salish Kendra (ASK) v Government and Bangladesh & Ors 19 BLD (1999) 488.

A large number of residents of basties (informal settlements) of Dhaka City were evicted without notice and their homes were demolished with bulldozers. A case, challenging the ongoing evictions, was brought by two residents and three citizens in the public interest. The Supreme Court held that inhabitants had some rights to shelter and a fair hearing and made recommendations for resettlement.

Campaign for Fiscal Equity et al. v. State of New York et al. 719 N.Y.S.2d 475

In 1993, the Campaign for Fiscal Equity, as well as several students and their parents, filed a complaint asserting that New York State's educational financing scheme, in violation of the state Constitution, fails to provide public school students in New York City, an opportunity to obtain a sound basic education. Gross underfunding of schools had allegedly led to a scarcity of basic resources, as well as low test scores and graduation rates.