The Law The United States’ Fair Housing Act (FHA) 42 U.S.C. §§ 3601–3619 Section 3604(b) states that “…it is unlawful [t]o discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith,...

The Laws Regional standards: Article 14 of the European Convention on Human Rights (ECHR) which secures the rights and freedoms of the ECHR without discrimination, read with the right to respect for family life under Article 8 and the protection of property rights in Article 1 of the First...

UK Court expands definition of domestic violence in context of housing rights The Supreme Court of the UK confirmed that the legal definition of the word ‘violence’ expands beyond physical contact, to encompass emotional and psychological as well as financial abuse, for the purposes of being classified as homeless...

Summary:  The appellant, E.L., a 26 year old mother of four living with HIV, was charged and convicted in the lower court under Section 192 of the Malawian Penal Code (Code) for unlawfully (negligently) engaging in an act likely to spread a disease dangerous to life. The prosecution argued...

Law Four-yearly review of modern awards under section 156 of the federal Fair Work Act 2009. Reasoning Building on the success of collective bargaining for clauses supporting workers facing domestic and gender-based violence (GBV), and concerned for female and male workers not covered by agreements, the Australian Council of...

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,...

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...

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...

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,...

Se modifica el parágrafo del artículo 236 del Código Sustantivo del Trabajo que se modifico originalmente por la Ley 755, considerando que en cualquier caso la licencia de paternidad será de 8...

Summary:  In February 2016, a Romani woman gave birth a public hospital in Miskolc, north-eastern Hungary. During labour she cried out with pain and the midwife yelled at her “if you shout once more I will push the pillow into your face”. When the woman apologised, the doctor said...

 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...

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...

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...

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...

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...

Nature of the Case:  The case concerns a landlord’s profit-making by levying electrical service charges on tenants over and above the rent and the actual cost of electricity they consumed. The court characterized the Rental Housing Tribunal’s ruling in the initial complaint as administrative action and reviewed it to...

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...

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...

Nature of the Case Challenge against state school funding system on the basis of the Education Article of the New York Constitution (Article XI § 1). The case addressed a range of issues including, the constitutional right to a sound basic education, adequacy of school funding, budgetary allocations, and...

Nature of the Case Constitutional remedy filed against a lower court decision of March 21, 2013 (resolución de fojas 394, Sala Especializada Civil de la Corte Superior de Justicia de Cajamarca), which dismissed a complaint by a citizen of Cajamarca against the Ministry of Energy and Mines, and Minera...

Nature of the Case The case was brought on behalf of a pregnant woman who died in a hospital while awaiting obstetric care. It considers whether the hospital failed to provide appropriate obstetric care and management, thereby violating her rights as well as those of her surviving children. Summary...

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...

The Court was requested to examine whether Article 109 para. 1 of the Law of Azerbaijan Republic On Pension Maintenance of Citizens, allowing an 80 per cent reduction of pensions for entitled persons who are incarcerated, was inconsistent with the right to social protection, contained in Article 38 of...

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...