Life (Right to)

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In 1981, the State of Maharashta and the Bombay Municipal Council decided to evict all pavement and slum dwellers from the city of Bombay. The residents claimed such action would violate the right to life, since a home in the city allowed them to attain a livelihood and demanded that adequate resettlement be provided if the evictions proceeded. The Court declined to provide the remedies requested by the applicants but found that the right to a hearing had been violated at the time of the planned eviction.

FIDH claimed that France had violated the right to medical assistance (Article 13 of Revised European Social Charter) by ending the exemption of illegal immigrants, with very low incomes, from charges for medical and hospital treatment. Further, the complainant alleged the rights of children to protection (Article 17) were contravened by a 2002 legislative reform that restricted access to medical services for children of illegal immigrants. The Committee found that France had acted contrary to the rights of children, but not adults.

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.