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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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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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Application of international provisions concerning maternal health in the Netherlands

Legal depository - Country: Netherlands / Body: Administrative High Court / Year: 1996

In force until 1996, Article 3(a) of “Besluit ziekenhuisverpleging ziekenfondsverzekering” (Decree  on health insurance and hospital care) required personal contributions from women towards the cost of postnatal care. Moreover, according to the explanatory note (“toelichting”) accompanying this Decree, personal contributions would also include postnatal care in hospitals regardless of...

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Coherent Constitutions and the Right to Social Protection for Adopted Children in Taiwan

Legal depository - Country: China, Taiwan / Body: Judicial Yuan (Constitutional Interpretation Agency) (China) / Year: 2002

The Judicial Yuan, a body responsible for interpreting the Constitution, examined the constitutionality of provisions in the Statute for Labor Insurance preventing children adopted within less than six months of the death of their adoptive parents from collecting social insurance benefits as survivors. The Court held that despite the...

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Unfair dismissal during protected maternity period in Benin

Legal depository - Country: Benin / Body: Cotonou Court of First Instance (Benin) / Year: 2009

Consequences of childbirth led to a medical condition that would temporarily prevent rigorous physical activities, and subsequently have implications for the complainant’s work duties upon returning to Plan International Benin after maternity leave, due to the necessity of daily motorcycle travel. During extended maternity leave, she was dismissed on...

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Relevance of contractual terms to protections for employed women who are pregnant or breastfeeding in Colombia

Legal depository - Country: Colombia / Body: Constitutional Court of Colombia / Year: 2013

This case addressed the circumstances of thirty-three women who had been dismissed from various forms of employment on the basis of being pregnant. Article 53 of the Political Constitution of the Republic of Colombia allows for the direct application of international law by domestic legal bodies. Ratified conventions and...

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Access to courts and the right to work for informal traders in South Africa

Legal depository - Country: South Africa / Body: Constitutional Court of South Africa / Year: 2013

Upon an urgent request, the Constitutional Court of South Africa intervened in a lower court affair to prevent the municipal government and Metropolitan Police Force from hindering what was asserted to be lawful activity by informal traders under the auspices of “Operation Clean Sweep”. Until the legality of the...

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Combining constitutional and international standards for social protection resource mobilization in Latvia

Legal depository - Country: Latvia / Body: Constitutional Courts / Year: 2001

Summary: In 2000, twenty Latvian parliamentarians complained to Latvia’s Constitutional Court that certain employers within Latvia were not paying social insurance premiums into a fund for their employees, and that this was a breach of the human right to social security as per Latvia’s constitution as well as Articles...

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Integrating informal workers into market reform strategies in Colombia

Legal depository - Country: Colombia / Body: Constitutional Courts / Year: 2009

Summary: Recycling activities in Colombia have traditionally been carried out by extremely poor and marginalized sectors of society. Materials are collected from landfills or the streets, transported and sold as recyclable material to intermediary informal warehouses for modest sums. However, over the course of the last decade, recycling became...

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