Search result

State and Corporate Accountability in the Democratic Republic of Congo

Legal depository - Country: Democratic Republic of Congo / Body: African Commission of Human and Peoples' Rights / Year: 2016

Summary:  In 2004, a small number of lightly armed rebels tried to take control of Kilwa, a remote fishing town in the Democratic Republic of Congo (Congo). About 50 km away from Kilwa there is a copper and silver mine, where Anvil Mining Company (Anvil Mining), a small Australian-Canadian...

Read More

Gender-Transformative Divorce Legislation in India

Legal depository - Country: India / Body: Supreme Court of India / Year: 2017

Summary:  Shayara Bano was married for 15 years. In 2016, her husband divorced her through talaq–e-bidat (triple talaq). This is an Islamic practice that permits men to arbitrarily and unilaterally effect instant and irrevocable divorce by pronouncing the word “talaq” (Arabic for divorce) three times at once in oral, written or,...

Read More

Unimpeded Access to Accountability Mechanisms for Workers in the United Kingdom

Legal depository - Country: United Kingdom / Body: Supreme Court of the United Kingdom / Year: 2017

Summary:  Prior to the enactment of the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (Fees Order) in the UK, a claimant could pursue and appeal employment proceedings without paying any fee. Fees were introduced under the Fees Order, with the amount varying depending on factors including...

Read More

Roma Students’ Right to Equality and Non-Discrimination in the Czech Republic

Legal depository - Country: Czech Republic / Body: European Court of Human Rights / Year: 2007

Participatory implementation of D.H. case promotes inclusion of Roma children in Czech schools In this case, applicants challenged the disproportionate classification of Roma school children in the Czech Republic as having special education needs as well as their segregation into schools for children with “Light Mental Disabilities”. The European...

Read More

Equitable Education Funding in the United States

Legal depository - Country: United States of America / Body: Supreme Court of the State of Kansas / Year: 2017

This case focused on whether school funding by the State of Kansas was equitable and adequate, as required under the relevant state constitutional provisions regulating the provision of education. Upon finding violations in connection with the equitable distribution of funds and the adequacy of such funds to ensure constitutionally...

Read More

The Right to Land and Livelihoods in India

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

This case focuses on the compulsory acquisition of land by the State of West Bengal for a car manufacturing unit under the auspices of “public purpose”. The Supreme Court of India determined that the acquisition had not been for a public purpose, but for the benefit of a company,...

Read More

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...

Read More

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...

Read More

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...

Read More

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...

Read More

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...

Read More

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...

Read More

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...

Read More

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...

Read More

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...

Read More

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...

Read More
Do NOT follow this link or you will be banned from the site!