Enforcement/Implementation of ESCR

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An Afghan citizen (Mr. M.S.S.) presented an asylum application in Belgium after entering the EU through Greece. Pursuant to the Dublin Regulations (EU law that determines which country has responsibility for processing specific asylum petitions), Belgium transferred him back to Greece in order for Greece to process the asylum petition. Greece detained the applicant in degrading conditions and then released him into the country to await a decision on his application. During this time, Mr. M.S.S. was homeless, not permitted to work, and had no access to sanitary facilities or any resources.

ESCR-Net Strategic Litigation Working Group facilitates discussion on ESCR litigation under the principle of reasonableness 

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.

SERI, LRC, CLC, Section27 and other Members welcome South Africa’s ratification of the International Covenant on Economic, Social and Cultural Rights

Liliane Gröninger presented the communication before the Committee on the Rights of Persons with Disabilities on behalf of herself, her husband and her son, Erhard Gröninger, a person with disabilities.   Mrs. Gröninger argues Germany violated Article 3 (General principles), Article 4 (General obligations), Article 8 (Awareness –raising) and Article 27 (Work and employment) of the Convention on the Rights of Persons with Disabilities (The Convention), through legislation that failed to promote Mr. Gröninger participation in the labor marker.

ICJ welcomed judges and lawyers from all regions to discuss the "Judicial Enforcement of Economic, Social and Cultural Rights”

Following a newspaper report regarding a destitute woman who died on a busy street four days after giving birth to a baby girl, the Court brought this public interest litigation (PIL) on its own motion. The Court also asked the Human Rights Law Network (HRLN), an ESCR-Net member organization, to file an amicus brief on the status of maternal health for destitute pregnant and lactating women in Delhi, and to suggest appropriate remedies. HRLN’s amicus outlined myriad state failures to implement government schemes providing for food and health services to women and marginalized groups.

In 2007, petitioners brought a case seeking mandamus to enforce obligations of women’s reproductive health rights under Article 20 (2) of the Interim Constitution and international human rights treaties to which Nepal is party. Petitioners argued that despite budgetary allotments by the government, no meaningful or effective programs had been initiated by the State to address the problem of uterine prolapse, as evidenced by the hundreds of thousands of women suffering from the condition. 

The Xákmok Kásek indigenous community, who has originally lived in the Paraguayan Chaco area, filed a petition before the Inter-American Court of Human Rights requesting acknowledgement of their traditional territory. Paraguay sold and split up the land without taking into consideration the indigenous population. The Salazar ranch was founded in the land that had been the home of the Xákmok Kásek community for years.  The community’s ability to survive and to develop its way of life was restricted, and the State failed to fulfill its duty to guarantee the community’s territorial rights.

Colombia's Constitutional Court reviewed a tutela action case (action seeking protection of constitutional rights) which looked into whether the mining operations of the company Drummond had violated the rights to life, to a healthy environment, to privacy and to health of a citizen and his family living near the Pribbenow open-pit mine, located in La Loma, municipality of El Paso, department of Cesar, in the North of Colombia.  Based in the United States, Drummond develops and processes coal in both the US and Colombia.