Equality and Non-discrimination

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O’Donoghue v. Minister for Health & Ors, [1993] I.E.H.C.2 (Ir.)

Applicant Paul O’Donoghue was born in November 1984 and contracted Reyes Syndrome, a serious viral infection, at eight months old, suffering brain damage as a result.

Disability Advocates, Inc. v. David A. Paterson and Others, 653 F.Supp.2d 184 (2009)

Disability Advocates, Inc. (DAI) brought a suit before the U.S. District Court (NY) asserting that New York State discriminated against individuals with disabilities in violation of the ADA’s integration mandate, which requires that individuals with mental illness residing in adult care facilities in New York receive services in the most integrated setting possible in order to increase interaction with the broader community.

Glor v. Switzerland

Glor, was declared unfit for mandatory military service or the alternative civil service offered to conscientious objector due to diabetes. He was ordered to pay a tax for exemption from military service, as he fell below the 40% disabled threshold for exemption from the tax. The tax was for a non-negligible amount assessed over several years. Glor claimed a violation of his rights under Article 14 in conjunction with Article 7 of the European Convention on Human Rights for discrimination on the basis of a disability.

Judgment of the Federal Constitutional Court in the proceeding 1 BvL 10/10

The Higher Social Court of North Rhine-Westphalia asked the German Federal Constitutional Court to decide whether the cash benefits for asylum seekers provided under section 3 paragraph 2 of the Asylum Seekers Benefit Act comply with the constitutional right to a minimum standard of living.

R.K.B. v. Turkey (Communication No. 28/2010)

R.K.B.’s employer accused her of having an affair with a male colleague and dismissed her from the position but did not dismiss the male colleague, and threatened to “spread rumours about her relationships with other men” to pressure her to sign a document, attesting that she had been paid all her benefits upon termination. R.K.B. presented a claim to the Committee, alleging that her employer, a hairdressing salon, had unfairly terminated her contract of employment based on gender stereotypes.

ADPF 186 (Arguição de Descumprimento de Preceito Fundamental n. 186)

The Brazilian Federal Supreme Court unanimously decided to uphold the constitutionality of racial quotas in University admission processes, in order to create a diverse academic environment, to overcome a history of racial discrimination in Brazil, and to promote the principle of de facto equality as applied to racial discrimination in education. In addition, the Court addressed issues of proportionality and reasonability as criteria to assess the constitutionality of policies aimed at achieving racial equality.

Dorothy Ann Finch and others v. Commonwealth Health Insurance Connector Authority

Petitioners challenged the 2009 decision of the State of Massachusetts to exclude a group of legal immigrants from its Commonwealth Care Health Insurance Program. Plaintiffs alleged that such exclusion violated the Equal Protection Clause recognized by the Constitution of Massachusetts.

Prakash Mani Sharma v. Ministry of Women, Children and Social Welfare & Ors., SCN, Writ No. 2822 of 2062

The petition was presented by advocates of the Nepalese organization, Pro Public, to protect the international and constitutional rights of thousands of women employees working in cabin and dance restaurants and massage parlors. These businesses have spread throughout urban areas in Nepal over the last ten years with women compromising more than 80% of all employees.

Decision T-841

The plaintiff filed an injunction aimed at guaranteeing the right of a 12 year-old girl to her mental health, among other rights. The girl became pregnant in early 2011 and started presenting symptoms of anxiety and depression, as diagnosed by different physicians, who recommended the interruption of her pregnancy.

Shrestha, Sarmila

Country:

Nepal

Working Group(s) / Area(s) of Work:

OP-ICESCR