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

Legal depository - Country: Greece / Body: ILO Committee of Experts on the Application of Conventions and Recommendations / Year: 2014

Recalling previous recommendations, the Committee observed that the austerity measures in conjunction with the continuous contractions of the economy, employment and public finances posed a threat to the viability of the Greek national social security system, resulting in the impoverishment of the population, thus undermining the application of all...

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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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Social Protection and Human Rights