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Kenya’s Constitutional Court Certifies Structural Interdict as an Interlocutory Remedy

Godfrey Mwango - 9th October 2020

Constitutions Institutions and Nation Building| Socio-Economic Rights

Kenya’s constitutional court has demonstrated its flexibility in facilitating the progressive realisation of the constitutional aspirations through the rapidly evolving jurisprudence on Article 43 of the Constitution of Kenya 2010. As envisaged by the drafters, the transformative Constitution invited a plethora of jurisprudence that would revolutionise the legal niche by including socio-economic rights in its […]

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Pakistan: Discriminatory rules preclude Afghan refugee children from attaining secondary education

- 30th September 2020

Children's Rights| Migration Asylum and Trafficking| Socio-Economic Rights

In 2012, the Board of Secondary Education in Karachi (BSEK), made it mandatory for ninth grade students to possess a Child Registration Certificate. The certificate serves as an identity for nationals below the age of 18. Refugee children cannot obtain it. They are instead provided with Proof of Registration (PoR) cards, which merely entitle the […]

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Right to Education & Emergence of a Digital Divide in Digital India

Rakshitt Bajpai - 23rd September 2020

Children's Rights| Equality and Non-Discrimination| Freedom of Expression| Socio-Economic Rights

The recent statistical report presented by the National Statistical Organization (NSO) indicates the deteriorating standards of availability of internet and computers to students in India, which violates their fundamental rights and creates a digital divide between the privileged and the unprivileged. The situation of India’s education sector is deteriorating rapidly, which is reflected in the […]

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Right to housing and dignity denied: Indian Supreme Court orders eviction of slum dwellers within 3 months

Bhavinee Singh - 21st September 2020

Socio-Economic Rights

In a recent order passed in the case of MC Mehta v. Union of India, the Supreme Court has given directions to remove around 48,000 slum dwellings that run along a stretch of 140 kilometer of railway tracks in New Delhi within three months. The three-judge bench further directed that no court can grant a […]

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Covid-19 and the Indian Supreme Court’s refusal to lift internet restrictions in Kashmir

Kusumika Sen - 14th August 2020

Media Privacy and Communications| Socio-Economic Rights

The Union Territory of Jammu and Kashmir had passed an order to restrict the internet speed in the entire Union Territory to 2G. On 11th May 2020, the Indian Supreme Court in Foundation for Media Professionals disposed of a petition seeking to quash this order. In the case, the Court neither decided upon the constitutionality […]

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The Right to Nutrition and Basic Education: Ensuring Access to School Meals in South Africa

- 27th July 2020

Children's Rights| Socio-Economic Rights

In Equal Education and Others v Minister of Basic Education, the organisation Equal Education and the school governing bodies of two public schools (“the applicants”), represented by SECTION27 and the Equal Education Law Centre, sought an order directing the government to resume the National School Nutrition Programme (“NSNP”) and for the court to issue a […]

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A drought-stricken and marginalised Tharparkar: The right to water and COVID-19 in Pakistan

- 24th July 2020

Socio-Economic Rights

The people of Tharparkar (Thar), Pakistan, called ‘Tharis’, have been facing water scarcity for years. In the backdrop of the COVID-19 pandemic, the provision of quality water is essential. While the Supreme Court of Pakistan has recognised that the right to life includes a right to drinking water, this is not sufficient to meet its […]

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Uber v Heller and the Prospects for a Transnational Judicial Dialogue on the Gig Economy – II

Alan Bogg - 20th July 2020

Gig Economy and Human Rights| Socio-Economic Rights| Socio-Economic Rights and Labour Rights

In the coming days, labour lawyers from around the world will be tuning in to watch the arguments in Uber v Aslam. In terms of the wider ramifications of the reasoning in Heller, what are the prospects for the ‘contractual’ and the ‘constitutional’ approaches in Aslam? As already noted, the wider doctrine of unconscionability in […]

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Covid-19, Patents and Access to Medication in India

Mohit Kar - 11th May 2020

Business & Human Rights| Socio-Economic Rights

The Covid-19 pandemic is spreading rapidly across India. India has had a long-drawn struggle around affordable universal healthcare and this disease would be a tough test for its resources. Covid-19 has no clinically approved antiviral or vaccine yet. Thus, on the plea of the World Health Organization (“WHO”) research across the world has ensued, giving […]

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