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Victoria Miyandazi and Muriuki Muriungi - 30th August 2018
On Monday, 23 July 2018, over 20,000 residents of Kibera slum in Kenya’s capital of Nairobi woke up to the rude awakening of their forced eviction from a place they had called home for years and the demolition of their homes, businesses and schools. The evictions were done by the Kenya Urban Roads Authority (KURA) […]
Claire Spivakovsky and Eleanor Jenkin - 2nd August 2018
Around one in every six students in the Australian state of Victoria lives and learns with disability. On 29 June 2018 the Castan Centre for Human Rights Law at Monash University released a landmark report into the educational experiences and outcomes of these students within mainstream government schools. Under the Victorian Charter of Human Rights […]
Mwai Daka - 4th July 2018
In Zambia, gaps in governance are allowing commercial farmers to contravene the law. This has resulted in the physical displacement and dispossession of native rural communities as well as the decline in subsistence farming relied on by poor households for survival. Recently, the Food First International and Action Network raised concerns over the financing of the […]
Jehosh Paul - 29th June 2018
After a long standoff between private doctors and the Government of Karnataka, India, The Karnataka Medical Establishment (Amendment) Bill, 2017 was passed to amend The Karnataka Medical Establishment Act, 2007 which had failed to secure the right to healthcare. The private healthcare sector in Karnataka lacked any regulation to ensure the minimum standards required of […]
Zijun Zhao - 18th May 2018
In Chinese law, a “right to health” has long existed as a negative civil right in Civil Law. For the first time in the legislative draft of the Basic Healthcare and Health Promotion Law, a ‘right to health’ has been proposed as a positive social right. In January 2018, the draft was opened for public consultation […]
Ben Warwick - 5th March 2018
When the private housing sector fails the State must use its resources to provide alternative housing, according to the latest case concluded by the CESCR. The Committee also makes its strongest finding of non-retrogression yet after thousands of public houses were sold off despite desperate need. The latest views issued under the individual complaints process […]
Michael Rebell - 19th September 2017
In yesterday’s blog post, I reviewed US right to education litigation at the federal level, and at the state level in New York and New Mexico. In this post, I will consider litigation that has taken place in Kansas, Washington and North Carolina. Kansas Issuing its fourth decision since 2014 in Gannon v State, the Kansas Supreme […]
Michael Rebell - 18th September 2017
Although the U.S. Supreme Court held in 1973 that there is no right to education in the federal constitution, over the past 40 years, dozens of state courts have ruled that there is a right to education under their state constitutions. There has, in fact, been litigation in 45 of the 50 states and plaintiffs […]
Sanjana Srikumar - 12th September 2017
The link between menstruation and the goals of gender justice is a complicated one- whether it is the debate surrounding the controversial first-day-of-period leave introduced by some offices or challenges to the taxation regimes of menstrual hygiene products in 2 separate petitions before the Bombay and Delhi High Courts respectively. Most recently, a 2-judge bench […]
Jennifer Oliva - 29th June 2017
On May 4, 2017, the United States House of Representatives voted in favor of the American Health Care Act of 2017 (“AHCA”) in an effort to repeal and replace the Affordable Care Act (“ACA” or “Obamacare”). According to the Congressional Budget Office (“CBO”), the AHCA will result in the loss of health care insurance for […]
Nomfundo Ramalekana - 28th June 2017
In a landmark judgement by the South African Constitutional Court, Occupiers of erven 87 & 88 Berea v Christiaan Frederick De Wet, the Court found that eviction orders that will lead to homelessness are unjust and inequitable, and accordingly, unconstitutional. This applies even in cases where there is an eviction agreement. Among the most vulnerable […]
Ananye Krishna - 22nd June 2017
Lack of education is a fundamental problem in India, and the state of the Indian government schools is a clear illustration of this. Education is a constitutional right in India, but its provision falls well below an adequate standard. This post will look at the poor state of public schools in India. The Government of […]