Protection of Non-nationals without Discrimination in France
Legal depository - Country: France / Body: Human Rights Committee / Year: 1989
Summary Ibrahim Gueye and 742 other retired Senegalese members of the French Army submitted this case before the Human Rights Committee alleging racial discrimination in French legislation. The petitioners contended that the French law accorded different treatment to those retired army men of Senegalese nationality who served in the...
Read MoreEqual treatment of nations and non-nationals in Austria
Legal depository - Country: Austria / Body: European Court of Human Rights / Year: 1996
Summary: The verdict in Gaygusuz versus Austria established an important case law regarding the equal treatment of nationals and non-nationals. Gaygusuz, a Turkish national, had come to Austria in 1973 and worked for almost a decade with some gaps when he went back to Turkey. He later applied for...
Read MoreGender-based discrimination of benefits for pensioners
Legal depository - Country: United Kingdom / Body: European Court of Justice / Year: 1999
Summary: The case was brought by Mr. Taylor petitioning against the difference in the age of eligibility between men and women to receive winter fuel allowances as part of social security. While the age of eligibility was 60 and above for women, it was 65 and above for men....
Read MoreAccess to health care for children of illegal immigrants in France
Legal depository - Country: France / Body: European Committee of Social Rights / Year: 2004
Summary: The International Federation of Human Rights Leagues (FIDH) claimed that France had violated the right to medical assistance (Article 13 of Revised European Social Charter) by ending the exemption given to illegal immigrants, with very low incomes, from expenses for medical and hospital treatment. The complainant alleged the...
Read MoreJudicial protection of of pensioners’ rights in Peru
Legal depository - Country: Peru / Body: Inter-American Commission on Human Rights, Inter-American Court of Human Rights / Year: 2005
Summary: The complaint was filed at the Inter-American Commission of Human Rights (IACHR) by a group of retired public servants against the State of Peru alleging violation of the right to property and the right to judicial protection relating to non-compliance with court decisions. Concerning the reduction of retiree...
Read MoreConditions for receipt of unemployment benefits and other forms of insurance in the Netherlands
Legal depository - Country: Netherlands / Body: European Committee of Social Rights / Year: 2006
Summary: The European Committee of Social Rights reviewed the report of the Dutch government on the levels of social security in The Netherlands and noted that the Unemployment Benefit Act (WW) comprises a short-term benefit (conditions for payment 26 weeks of paid employment during the last 39 weeks), and...
Read MoreRules for adequate unemployment benefits in Denmark
Legal depository - Country: Denmark / Body: European Committee of Social Rights / Year: 2006
Summary: The European Committee of Social Rights reviewed the report submitted by the Danish government on the level of social security in Denmark. Under Article 12, the Committee considered that one of the aims of an unemployment benefit system is to offer unemployed persons adequate protection during at least...
Read MoreAdequate levels of social protection benefits in Hungary
Legal depository - Country: Hungary / Body: European Committee of Social Rights / Year: 2010
Summary: The European Committee of Social Rights assess the adequacy of the benefits provided under the different branches of social security in Hungary in light of Article 12(1) of the European Social Charter. In light with its previous conclusions, notes that social security benefits are adequate when they are...
Read MoreAdequate levels of social protection benefits in Ireland
Legal depository - Country: Ireland / Body: European Committee of Social Rights / Year: 2010
Summary: The European Committee of Social Rights assess the adequacy of the benefits provided under the different branches of social security in Ireland in light of Article 12(1) of the European Social Charter. In light with its previous conclusions, notes that social security benefits are adequate when they are...
Read MoreAdequate levels of social protection benefits in Bulgaria
Legal depository - Country: Bulgaria / Body: European Committee of Social Rights / Year: 2010
Summary: The European Committee of Social Rights notes that a social security system must guarantee an effective right to social security with respect to the benefits provided under each branch (Conclusions XIII-4, General Introduction on Article 12). Moreover, the Committee recalls that Article 12(1) requires social security benefits to...
Read MorePoverty and Prohibited Grounds for Discrimination in Canada
Legal depository - Country: Canada / Body: Other Domestic Courts / Year: 1993
Summary: A black single mother with two children and relying on social assistance and public housing was given one month’s notice that she would be evicted from her home with no reason given. In Canada public housing was exempted from the security of tenure provisions of the Residential Tenancies...
Read MoreGuaranteeing life-saving drugs to patients with HIV/AIDS in Venezuela
Legal depository - Country: Venezuela / Body: Supreme Courts / Year: 1997
Summary: The case was brought before the Supreme Court of Venezuela by a group of persons living with HIV, requesting the Instituto Venezolano de Seguros Sociales (Venezuelan Institute for Social Security, IVSS) to ensure the supply of drugs needed to treat diseases arising from AIDS and cover the expenses...
Read MoreAccess to social welfare benefits for non-citizens in Switzerland
Legal depository - Country: Switzerland / Body: Other Domestic Courts / Year: 1997
Summary: The case involved three brothers, originally from what was previously Czechoslovakia (now the Czech Republic), who were denied access to social welfare benefits in Switzerland on account of being illegal residents . The brothers had been living in Switzerland since 1980, but were expelled to Czechoslovakia in 1987...
Read MoreCombining 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...
Read MoreProvision of social security for permanent residents in South Africa
Legal depository - Country: South Africa / Body: Constitutional Courts / Year: 2004
Summary: The case was brought before the Constitutional Court of South Africa by Mozambican citizens living in South Africa as permanent residents. The applicants challenged the validity of certain provisions of the Social Assistance Act 59 of 1992 that denied social assistance to foreign nationals. They cited the infringement...
Read MoreSocial security for asylum seekers in the United Kingdom
Legal depository - Country: United Kingdom / Body: Other Domestic Courts / Year: 2005
Summary: In this case, the House of Lords listened to appeals by the Secretary of State for Home Department, who denied state support to destitute asylum applicants (“applicants”) on the grounds of not having applied for asylum “as soon as reasonably practicable”. The applicants cited a violation of Article...
Read MoreIntegrating 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...
Read MoreEducational opportunities for persons with disabilities in Colombia
Legal depository - Country: Colombia / Body: Constitutional Courts / Year: 2010
Summary: The case was brought before the Constitutional Court of Colombia by the mother of a girl who was diagnosed with cognitive deficit and microcephaly. She contended that the official combined programme of therapy and special education were unaffordable to her. The Court referred to Article 12 of the...
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