Socio-Economic Rights

ICESCR Optional Protocol: Reconciling Standards of Review

ICESCR Optional Protocol: Reconciling Standards of Review

Until very recently, there was no individual complaint procedure for a violation of the rights enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR); for almost forty...
Entry into force of the New Optional Protocol to the ICESCR

Entry into force of the New Optional Protocol to the ICESCR

The new Optional Protocol (OP) to the UN International Covenant on Economic, Social and Cultural Rights (ICESCR) entered into force on 5 May 2013. The OP recognizes the competence of...
Gene patenting overruled but leaves lasting repercussions for minorities

Gene patenting overruled but leaves lasting repercussions for minorities

Last month, Angelina Jolie penned an op-ed piece in The New York Times about her decision to undergo genetic testing for BRCA mutations (breast cancer susceptibility genes 1 and 2),...
Denied Education is Denied Survival: The Case of The Nasa People

Denied Education is Denied Survival: The Case of The Nasa People

By Ethel Castellanos-Morales and Camilo Castillo-Sánchez – Colombia is a country with a modern constitutional system that allows it to recognize its different ethnic groups and protect the diversity that...
What can we learn from the Novartis case?

What can we learn from the Novartis case?

By Swaraj Barooah Last week’s decision by the Indian Supreme Court to reject Novartis’ patent application over a leading leukemia drug, Gilvec, has resonated globally. Many hail it as a...
Education suspended, rights infringed

Education suspended, rights infringed

By Jadine Johnson – On Monday, March 25th, ninety-seven students at Leflore High School in Mobile, Alabama were suspended. These students were not suspended for drugs or weapons. They were...
Fight hunger and discrimination by empowering women – Olivier De Schutter, UN Special Rapporteur on the right to food

Fight hunger and discrimination by empowering women – Olivier De Schutter, UN Special Rapporteur on the right to food

In rural areas around the world it is often men who migrate first to cities in search of waged labour. When they do so, it falls to women to sustain...
CSW57, MGDs and Gendered Poverty

CSW57, MGDs and Gendered Poverty

One of the themes the delegates at CSW57 will be confronting over the next two weeks are the challenge of de facto achievement of the Millennium Development Goals (MDGs) for...
Yordanova and others v Bulgaria: an Illustration of the Absence of Watertight Divisions Between the Social Right to Adequate Housing and the Civil Right to Respect for one’s Home.

Yordanova and others v Bulgaria: an Illustration of the Absence of Watertight Divisions Between the Social Right to Adequate Housing and the Civil Right to Respect for one’s Home.

By Adélaïde Remiche – On 24 April 2012, the European Court of Human Rights (ECtHR) handed down a unanimous judgment in the case of Yordanova and others v Bulgaria, in...
Conceptualising Meaningful Engagement in South Africa: Eviction Cases’ Exclusive Gem?

Conceptualising Meaningful Engagement in South Africa: Eviction Cases’ Exclusive Gem?

The recent judgment of the South African Constitutional Court in Schubart Park Residents Associationhas again demonstrated the flexible nature of meaningful engagement. ’Meaningful engagement‘ requires government to engage meaningfully with...
Horizontal Application of the Right to Education in India

Horizontal Application of the Right to Education in India

A Full Bench of the Supreme Court of India delivered the long awaited judgment on the constitutionality of the Right of Children to Free and Compulsory Education Act 2009 (RTE...
Public Duties and Private Schools: the Indian Supreme Court’s Landmark Ruling

Public Duties and Private Schools: the Indian Supreme Court’s Landmark Ruling

Problems of affordability and access have perennially plagued the Indian educational system. State-run schools, while affordable, have suffered from a severe absence of quality in every respect; and private schools...

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