New ICJ Practitioners’ Guide N°8 : adjudicating Economic, Social and Cultural Rights at national level
Today, the ICJ launched its new Practitioners Guide on Economic, Social and Cultural Rights (ESCR), the 8th in the series of ICJ resources for legal practitioners, as well as its associated online searchable version. Continue...
View moreMadeli Fakudze v. Commissioner of Police and Ors (8/2002)
Year: 2002 (Date of Decision: 1 June, 2002) Forum, Country: Supreme Court; Swaziland Standards, Rights: Rule of law; Right to adequate housing Summary Background: Madeli Fakudze (the respondent in this appeal) was one of four individuals served with a removal order...
View moreJudgement of the Federal Constitutional Court, 1 BvL 10/10
Year: 2012 (Date of Decision: 18 July, 2012) Forum, Country: Constitutional Court; Germany Standards, Rights: Core content; Human dignity; Welfare State; Right to an adequate standard of living; Right to social security; Migrants Summary Background: The issue at stake was whether...
View morePatricias Asero Ochieng and 2 others v. the Attorney-general & Anotherke
Year: 2012 (Date of decision: 20 April, 2012) Forum, Country: High Court; Kenya Standards, Rights: Human dignity; Right to health; Right to life Summary Background: Case centres on a challenge to the constitutionality of the Anti-Counterfeit Act 2008, due to the...
View moreJohn Doe et al. v. Regional School Unit 26, No. 7455/2001, Decision 2014 ME 11
Year: 2014 (Date of Decision: 30 January, 2014) Forum, Country: Supreme Court; United States of America Standards, Rights: Non-discrimination and equal protection of the law; Right to education; Rights to water and sanitation; LGBTI Summary Background: Susan Doe is a transgender...
View moreKong Yunming v. Director of Social Welfare, FACV No. 2
Year: 2013 (Date of Decision: 17 December, 2013) Forum, Country: Court of Final Appeal; Hong Kong Standards, Rights: Proportionality; Non-discrimination and equal protection of the law; Right to social security; Migrants Summary Background: This judicial review of the complainant’s rejected social...
View moreAmparo No. 631/2012 (Independencia Aqueduct)
Year: 2013 (Date of Decision: 8 May, 2013) Forum, Country: Supreme Court; Mexico Standards, Rights: Right to adequate housing; Rights to water and sanitation; Right to free, prior and informed consent; Right to an adequate standard of living; Indigenous...
View moreCases No. 19003-2011-00638-Of.1a; No. 19003-2011-00639-Of.2a; No. 19003- 2011-00637-Of.3a; No. 19003-2011- 00641-Of.1
Year: 2013 (Date of Decisions (in the order cited above): 3 April 2013; 12 April 2013; 10 May 2013; 31 May 2013) Forum, Country: Children’s and Juvenile Court; Guatemala Standards, Rights: Best interests of the child; Core content; Right...
View moreReyes Aguilera, Daniela v. Argentina
Year: 2013 (Date of Decision: 5 February, 2013) Forum, Country: Supreme Court; Argentina Standards, Rights: Reasonableness; Proportionality; Nondiscrimination and equal protection of the law; Right to health; Right to social security; Right to an adequate standard of living; Children;...
View moreADPF 186 (Arguição de Descumprimento de Preceito Fundamental n.186)
Year: 2012 (Date of Decision: 26 April, 2012) Forum, Country: Supreme Court; Brazil Standards, Rights: Reasonableness; Proportionality; Non-discrimination and equal protection of the law; Right to education Summary Background: The issue at stake in this case is the constitutionality of racial...
View moreR.K.B. v. Turkey (Communication No. 28/2010)
Year: 2012 (Date of Decision: 24 February, 2012) Forum, Country: UN CEDAW; Turkey Standards, Rights: Non-discrimination and equal protection of the law; Right to decent work; Women Summary Background: In this case, the issue at stake was...
View moreA v. Municipality of Egedal and Ministry of Labour
Year: 2012 (Date of Decision: 15 February, 2012) Forum, Country: Supreme Court; Denmark Standards, Rights: Core content; Non-discrimination and equal protection of the law; Margin of discretion; Right to an adequate standard of living; Right to social security; Migrants...
View moreDorothy Ann Finch and others v. Commonwealth Health Insurance Connector Authority, Case No. SJC-11025 (MA S. Jud. Ct., Jan. 5, 2012)
Year: 2012 (Date of Decision: 6 January 2012) Forum, Country: Supreme Court; United States of America Standards, Rights: Non-discrimination and equal protection of the law; Right to health; Right to social security; Migrants Summary Background: This case involves a legislative decision...
View moreControl of constitutionality – interlocutory action (Giudizio di legittimità costituzionale in via incidentale)
Year: 2011 (Date of Decision: 12 December, 2011) Forum, Country: Constitutional Court; Italy Standards, Rights: Non-discrimination and equal protection of the law; Right to health; Right to education; Right to social security; Children; Persons with disabilities; Migrants Summary Background: Juveniles of...
View moreLopez and Syndicat SYNPTAC-CGT v. SARL Théâtre d’Aubervilliers
Year: 2011 (Date of Decision: 6 December, 2011) Forum, Country: Industrial/Labour Court; France Standards, Rights: Non-discrimination and equal protection of the law; Proportionality; Right to decent work Summary Background: Issue at stake in this case: the lawfulness of the dismissal of...
View moreCity of Johannesburg Metropolitan Municipality v. Blue Moonlight Properties 39 (Pty) Ltd and Another, CCT 37/11 [2011] ZACC 33
Year: 2011 (Date of Decision: 1 December, 2011) Forum, Country: Constitutional Court; South Africa Standards, Rights: Reasonableness; Right to adequate housing Summary Background: The case raised the issue of occupiers of 7 Saratoga Avenue – a community of 86 poor people...
View morePublic Service Alliance of Canada v. Canada Post Corporation and Canadian Human Rights Commission
Year: 2011 (Date of Decision: 17 November, 2011) Forum, Country: Supreme Court; Canada Standards, Rights: Non-discrimination and equal protection of the law; Reasonableness; Right to decent work; Women Summary Background: The Canadian Supreme Court reviewed a decision of the Canadian Human...
View moreDecision T-841
Year: 2011 (Date of Decision: 3 November, 2011) Forum, Country: Constitutional Court; Colombia Standards, Rights: Non-discrimination and equal protection of the law; Right to health; Children; Women Summary Background: An injunction was filed in this case to safeguard a juvenile’s human...
View moreTahirzade v. AMEC
Year: 2011 (Date of Decision: 15 July, 2011) Forum, Country: Constitutional Court, Azerbaijan Standards, Rights: Right to decent work; Right to health; Right to life Summary Background: Mr Tahirzade initiated civil proceedings against the “AMEC Services Limited” company, claiming compensation for harm...
View moreEuropean Roma Rights Centre v. Portugal (Complaint No. 61/2010)
Year: 2011 (Date of Decision: 30 June, 2011) Forum, Country: European Committee of Social Rights; Portugal Standards, Rights: Non-discrimination and equal protection of the law; Right to adequate housing; Ethnic minorities Summary Background: The complaint submitted by the...
View moreDecision of T-051/11 Julio David Perez v. Mayor’s Office of Monteria. File T-2650185
Year: 2011 (Date of Decision: 4 February, 2011) Forum, Country: Constitutional Court; Colombia Standards, Rights: Non-discrimination and equal protection of the law; Right to education; Persons with disabilities Summary Background: Issue at stake in this case: whether the right to education...
View moreDecision T-974/10
Year: 2010 (Date of Decision: 30 November, 2010) Forum, Country: Constitutional Court; Colombia Standards, Rights: Non-discrimination and equal protection of the law; Human dignity; Right to health; Right to education; Children; Persons with disabilities Summary Background: This case was filed by...
View moreWestern Cape Forum for Intellectual Disability v. Government of the Republic of South Africa, Government of the Province of Western Cape, Case no: 18678/2007
Year: 2010 (Date of Decision: 11 November, 2010) Forum, Country: High Court; South Africa Standards, Rights: Reasonableness; Non-discrimination and equal protection of the law; Human dignity; Negligence; Right to education; Persons with disabilities SummaryBackground: This case concerned the rights of...
View moreConstitutional Case No. 15 of 2010, State Gazette Issue 91, p. 3
Year: 2010 (Date of Decision: 11 November, 2010) Forum, Country: Constitutional Court; Bulgaria Standards, Rights: Non-retroactivity; Rule of law; Welfare State; Right to decent work Summary Background: This case addressed two independent applications, one by the President of Bulgaria and the...
View moreLaxmi Mandal v. Deen Dayal Harinagar Hospital & Ors, W.P.(C) No. 8853 of 2008
Year: 2010 (Date of Decision: 6 April, 2010) Forum, Country: High Court; India Standards, Rights: Right to life; Right to health; Right to adequate food; Women; Children Summary Background: This case addressed separate petitions dealing with the violation of the constitutional...
View moreCase No. 2009-43-01 on Compliance of the First Part of Section 3 of State Pensions and State Allowance Disbursement in 2009
Year: 2009 (Date of Decision: 21 December, 2009) Forum, Country: Constitutional Court; Latvia Standards, Rights: Proportionality; Legitimate expectations; Right to social security Summary Background: This case challenged the constitutionality of State pension law that temporarily restricted payment of pension funds to...
View moreInternational Centre for the Legal Protection of Human Rights (INTERIGHTS) v. Greece Complaint No. 49/2008
Year: 2009 (Date of Decision: 11 December, 2009) Forum, Country: European Committee of Social Rights; Greece Standards, Rights: Non-discrimination and equal protection of the law; Right to adequate housing; Ethnic minorities Summary Background: A complaint was submitted by the International Center for the Protection...
View moreSouth Fork Band Council and others v. United States Department of the Interior
Year: 2009 (Date of Decision: 3 December, 2009) Forum, Country: Court of Appeals, United States of America Standards, Rights: Right to free exercise of religion; Rights to water and sanitation; Right to adequate housing; Right to health; Indigenous people...
View moreDecision C-376/10 of the Colombian Constitutional Court
Year: 2009 (Date of Decision: 1 November, 2009) Forum, Country: Constitutional Court; Colombia Standards, Rights: Core content; Right to education; Children Summary Background: The plaintiffs filed a constitutional claim challenging the imposition of fees for...
View moreHolding N. 1320 –O-O of the Constitutional Court of the Russian Federation (Red Star Consulting LLC v. former employee)
Year: 2009 (Date of Decision: 13 October, 2009) Forum, Country: Constitutional Court; Russia Standards, Rights: Procedural fairness and due process; Nondiscrimination and equal protection of the law; Right to decent work Summary Background: The case raised the issue of the constitutionality...
View moreJoseph v. City of Johannesburg, Case CCT 43/09
Year: 2009 (Date of Decision: 9 October, 2009) Forum, Country: Constitutional Court; South Africa Standards, Rights: Procedural fairness; Human dignity; Right to adequate housing Summary Background: In this case, the applicants sought a declaration regarding their entitlement to notice before municipal...
View moreLindiwe Mazibuko & Others v. City of Johannesburg & Others, Case CCT 39/09, [2009] ZACC 28
Year: 2009 (Date of Decision: 8 October, 2009) Forum,Country: Constitutional Court; South Africa Standards, Rights: Reasonableness; Rights to water and sanitation Summary Background: This case considers the lawfulness of a project the City of Johannesburg piloted in Phiri in early...
View moreResidents of the Joe Slovo Community, Western Cape v. Thubelisha Homes and others, 2010 (3) SA 454 (CC)
Year: 2009 (Date of Decision: 10 June, 2009) Forum, Country: Constitutional Court; South Africa Standards, Rights: Reasonableness; Right to adequate housing; Right to an adequate standard of living Summary Background: Around 20,000 occupiers of the Joe Slovo informal settlement in Cape Town...
View moreDecision T-291/09
Year: 2009 (Date of Decision: 29 April, 2009) Forum, Country: Constitutional Court; Colombia Standards, Rights: Non-discrimination and equal protection of the law; Right to decent work; Right to life; Right to an adequate standard of living Summary Background: A group of...
View moreDecision T-760 of 2008
Year: 2008 (Date of Decision: 31 July, 2008) Forum, Country: Constitutional Court; Colombia Standards, Rights: Core content; Right to health; Summary Background: The judgement came as the culmination of litigation efforts to enforce implementation of the right to...
View moreMendoza Beatriz Silva et al v. State of Argentina et al, File M. 1569. XL
Year: 2008 (Date of Decision: 8 July, 2008) Forum, Country: Supreme Court; Argentina Standards, Rights: Right to life; Rights to water and sanitation; Right to health Summary Background: This case was filed by residents of the Matanza/Riachuelo basin against the national Government...
View moreCase of the Sawhoyamaxa Indigenous Community
Year: 2006 (Date of Decision: 29 March, 2006) Forum, Country: Inter-American Court of Human Rights; Paraguay Standards, Rights: Procedural fairness and due process; Right to life; Right to adequate standard of living; Right to adequate housing; Right to adequate...
View moreCase of the Yakye Axa Indigenous Community
Year: 2005 (Date of Decision: 17 June, 2005) Forum, Country: Inter-American Court of Human Rights; Paraguay Standards, Rights: Procedural fairness and due process; Right to life; Right to adequate standard of living; Right to adequate housing; Right to adequate...
View moreLemo v. Northern Air Maintenance (PTY) LTD
Year: 2004 (Date of Decision: 22 November, 2004) Forum, Country: Industrial/Labour Court; Botswana Standards, Rights: Non-discrimination and equal protection of the law; Procedural fairness; Right to decent work; Right to be free from torture and cruel, inhuman or degrading...
View moreDiau v. Botswana Building Society
Year: 2003 (Date of Decision: 19 December, 2003) Forum, Country: Industrial/Labour Courts; Botswana Standards, Rights: Non-discrimination and equal protection of the law; Reasonableness; Human dignity; Right to decent work Summary Background: The applicant employee challenged the lawfulness and constitutionality of the...
View moreCorrea v. Hospital San Francisco, 69 F.3d 1184 (1st Cir. App. 1995)
Year: 1995 (Date of Decision: 31 October, 1995) Forum, Country: Court of Appeals, United States of America Standards, Rights: Negligence; Right to health Summary Background: The deceased patient’s children and grandchildren brought this case against the hospital for medical malpractice and...
View morePape v. Cumbria CC, [1992] I.C.R. 132
Year: 1991 (Date of Decision: 23 May 1991) Forum, Country: High Court (Queens Bench Division), United Kingdom of Great Britain and Northern Ireland Standards, Rights: Negligence; Right to decent work; Right to health Summary Background: The plaintiff worked for the defendants...
View morePark West Management Corp. v. Mitchell, 391 N.E.2d 1288 (N.Y. 1978)
Year: 1978 (Date of Decision: 2 May, 1978) Forum, Country: Appellate Division of the Supreme Court of New York, United States of America Standards, Rights: Reasonableness; Right to adequate housing; Right to health SummaryBackground: This case involves the property law...
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