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Sexual and Reproductive Health and Rights in India

Legal depository - Country: India / Body: Supreme Court of India / Year: 2016

 Summary:  In January 2012, up to 53 women underwent a sterilization procedure in Bihar, India, at a sterilization camp managed by an NGO which had been granted accreditation by the District Health Society, apparently without following any formal, transparent process. The women had not been given any counseling regarding...

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The Right of Children with HIV to Privacy in Kenya

Legal depository - Country: Kenya / Body: High Court of Kenya / Year: 2016

Summary: This case concerns a directive issued by President Uhuru Kenyatta ordering the collection of data and the preparation of a report pertaining to school-going children, guardians, and expectant and breastfeeding mothers living with HIV. The High Court of Kenya at Nairobi found this action to be in violation...

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The Right to Equal Education in South Africa

Legal depository - Country: South Africa / Body: Supreme Court of Appeal (South AFrica), Supreme Courts / Year: 2015

Nature of the Case Delayed textbook delivery has plagued public schools in Limpopo, South Africa’s northernmost province for several years. The Department of Basic Education and Limpopo Department of Education appealed a high court decision holding that their failure to ensure timely delivery of textbooks to learners in Limpopo...

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Land Rights for People of Indigenous and African Descent in Colombia

Legal depository - Country: Colombia / Body: Colombian Constitutional Court / Year: 2016

Nature of the Case Among other issues, the Constitutional Court revoked licenses for all 347 private mining companies that had previously been granted approval for mining in the páramo (moorland), an ecologically endangered region of the Colombian Andes. Summary Members of the leftist opposition party, the Democratic Pole and...

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Dignity and Autonomy in Enforcing Public Health in Kenya

Legal depository - Country: Kenya / Body: High Court of Kenya / Year: 2016

Nature of the Case Two men successfully challenged their imprisonment, purportedly pursuant to the Public Health Act, for failure to take prescribed tuberculosis (TB) medication. Summary In 2010, Daniel Ng’etich and Patrick Kipng’etich Kirui were arrested by the Public Health Officer, Nandi Central District Tuberculosis Defaulter Tracing Coordinator, who...

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Adolescent Sexual Rights in Peru

Legal depository - Country: Peru / Body: Human Rights Committee / Year: 2005

Nature of the Case In views adopted under the Optional Protocol to the International Covenant on Civil and Political Rights, the UN Human Rights Committee held the Peruvian government accountable for failing to ensure access to legal abortion services essential to the health of the petitioner, thus violating her...

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Protection against Employment Discrimination in the Republic of Korea

Legal depository - Country: Korea / Body: UN Committee on the Elimination of Racial Discrimination / Year: 2015

Nature of the Case Upon consideration of a communication submitted before it, the UN Committee on the Elimination of Racial Discrimination held the Republic of Korea accountable for multiple violations of rights under the International Convention on the Elimination of All Forms of Racial Discrimination, including the right to...

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Women’s Right to Maternal Health Services in Uganda

Legal depository - Country: Uganda / Body: Supreme Court of Uganda at Kampala, Supreme Courts / Year: 2015

Nature of the Case Four petitioners—including the Center for Health, Human Rights & Development (CEHURD) and two family members of  women who died during childbirth—appeal the Constitutional Court’s dismissal of their petition in which they alleged that the government violated the Constitution by failing to provide basic maternal health...

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The Right to Affordable Care in the United States of America

Legal depository - Country: United States of America / Body: Supreme Court of the United States / Year: 2015

Nature of the Case This case came before the Supreme Court on appeal, and constitutes a challenge to one aspect of the Affordable Care Act, specifically regarding whether subsidies can be provided to low-income people buying health insurance through federal exchanges. These subsidies are vital in enabling people to...

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Women’s Property and Inheritance Rights in Tanzania

Legal depository - Country: Tanzania / Body: Committee on the Elimination of Discrimination against Women / Year: 2015

Nature of the Case In views adopted under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Committee on Elimination of Discrimination against Women held the United Republic of Tanzania accountable for multiple violations of women’s rights, particularly as relates to...

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Guiding Principles on Extreme Poverty and Human Rights

Resources - Author: Magdalena Sepúlveda / Year: 2012

These Principles are the first global policy guidelines focused specifically on the human rights of people living in poverty. They are intended for use by governments to ensure that public policies, including poverty eradication efforts, reach the poorest members of society, respect and uphold their rights, and take into account...

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Measures to ensure equality of treatment of migrant workers in case of work-related accident in Thailand

Legal depository - Country: Thailand / Body: Committee of Experts on the Application of Conventions and Recommendations / Year: 2011

In previous observations on the application of the Equality of Treatment (Accident Compensation) Convention, No 19, the Committee of Experts had expressed deep concerns over the situation of more than 2 million migrants working in Thailand. In response to these concerns, the Thai Government argued that the Workmen’s Compensation...

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Adoption of principles of collective financing and social solidarity in Bolivia

Legal depository - Country: Plurinational State of Bolivia / Body: ILO Committee of Experts on the Application of Conventions and Recommendations / Year: 2011

In 2010 Bolivia adopted a new constitution that established a new hierarchy of legal standards by giving precedence of international instruments ratified by state over national laws. In the spirit of harmonizing existing law to the new Constitution, the State and the Bolivian Workers’ Federation (COB) signed a framework...

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The privatization of the pension system in Chile

Legal depository - Country: Chile / Body: ILO Committee of Experts on the Application of Conventions and Recommendations / Year: 2011

In 1980 Chile reformed its pension system leading to the privatization of the pensions. This reform gave rise to several representation procedures before the Governing Body under article 24 of the ILO Constitution between 1986 and 2001. The Governing Body concluded that Chile’s pension reform did not comply with...

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Austerity measures that contravene Conventions by reducing social protection and increasing poverty

Legal depository - Country: World / Body: ILO Committee of Experts on the Application of Conventions and Recommendations / Year: 2009

In its general report of 2009, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) observed that the global financial crisis was posing a real threat to the financial viability and sustainable development of social security systems and undermining the application of ILO social security standards....

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Equal access to health and family planning information for all women in Hungary

Legal depository - Country: Hungary / Body: Committee on the Elimination of Discrimination against Women / Year: 2006

The communication was filed with regards to the alleged forced sterilization of an ethnic Roma woman by medical staff pursuant to an emergency caesarian section that was required to remove a deceased fetus. The Committee found that previous medical care, the poor medical condition of the victim, A.S., upon...

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Access to abortion for poor, disabled woman amid conscientious objection in Argentina

Legal depository - Country: Argentina / Body: Committee on the Elimination of Discrimination against Women / Year: 2011, 28 April 2011

Summary: The communication was filed by the mother of a woman with a mental impairment amounting to a legal age of a child, concerning the response of public health and judicial institutions to her pregnancy resulting from rape.  After being refused by one hospital, a second hospital scheduled an...

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Duty to prevent discrimination by private health providers on grounds of gender, race or economic status in Brazil

Legal depository - Country: Brazil / Body: Committee on the Elimination of Discrimination against Women / Year: 2011

The communication represented the first instance of maternal mortality to be addressed by the international system of human rights, and examined accountability of health provision, in relation to compounding forms of discrimination. The victim was a poor woman of Afro-Brazilian ethnicity. The ethnic, socio-economic and gender factors were widely...

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