Life (Right to)

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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”).

The Sawhoyamaxa Community has historically lived in the Paraguayan Chaco. In 1991, the Community started a domestic claim to regain its lands after being forced to leave them. On May 15th, 2001, ESCR-Net Member, Tierraviva, submitted a petition to the Inter-American Commission of Human Rights. The Commission referred the case to the Inter-American Court of Human Rights on February 3rd, 2005.

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.

Three Kenyan citizens using generic anti-retroviral medications and living with HIV or AIDS challenged the constitutionality of Kenya’s Anti-Counterfeit Act of 2008.  The petitioners argued that Section 2 of the Act confused generic drugs with counterfeit medicine and if implemented, the Act would inflict civil and criminal penalties on generic medicine manufacturers and severely restrict access to affordable medicine in Kenya.

On July 11, 2012, ESCR-Net transmitted a communication to the Government of Peru to request urgent action to protect the human rights of people protesting the Conga gold mine after five people lost their lives in the week of July 3.

This High Court case was brought with the support of Hakijamii, a human rights organization based in Nairobi that has been a member of ESCR-Net since 2005; and stemmed from the request of more than 1,000 individuals, evicted from their homes located in six communities commonly known as the Medina Location of Garissa municipality.

In July 2004, a group of residents of the Matanza/Riachuelo basin filed a suit before the Supreme Court of Argentina against the national government, the Province of Buenos Aires, the City of Buenos Aires and 44 companies seeking compensation for damages resulting from pollution of the basin, stoppage of contaminating activities, and remedy for collective environmental damage.

This case was brought on behalf of Shanti Devi, a women living in poverty from a Scheduled Caste, after she died as the result of being refused adequate maternal healthcare despite the fact that she qualified for the free services under existing state-sponsored schemes. In 2008, Shanti Devi was forced to carry a dead fetus in her womb for five days after being denied medical treatment at several hospitals because her husband was unable to show a valid ration card for medical services, despite being qualified for one as they lived below the poverty line.

Since February 2003, following the emergence of an armed conflict in the Darfur region of the Sudan, militiamen known as Janjaweed have engaged in forcibly evicting, killing, and raping thousands of Black indigenous people in that region.  The complainants alleged these acts were a failure of the government of Sudan to respect and protect the rights of the people of Darfur and in particular violated articles 4, 5, 6, 7, 9, 12 (1), 14, 16, 18 (1) and 22 of the African Charter on Human and People's Rights.  In affirming admissibility of the complaint, the Commission quoted its decisi

A group of homeless people erected overhead shelter in the form of tents, tarps and cardboard boxes at a local park in the City of Victoria.  The City sought a permanent injunction (legal order requiring the homeless to refrain from erecting shelters) and declaration that such structures contravened the Park Regulation Bylaw and Streets and Traffic Bylaw. The City had a documented shortfall of spaces in homeless shelters.