Plugging the Leaks in Food Distribution: The Supreme Court of India Delivers Migrant Workers’ Right to Food
Unemployment caused by India’s COVID-19 lockdown from 24 March, 2020 led to a homeward exodus – characterised by a lack of food, shelter, transport and basic necessities – for approximately...
India’s Covid-19 vaccination policy must protect the constitutional rights of its citizens
The Supreme Court of India has found the Government’s vaccine policy, released on 21st April 2021, to be prima facie detrimental to the right to public health and equality. This...
Mid-Day Meals and the Pandemic: A Human Rights Concern
The ongoing pandemic has revealed glaring inequalities in our society like never before. In India, for instance, reports of lakhs of migrant workers stranded on streets, looking for means to...
Mencap and Uber in the Supreme Court: Working Time Regulation in an Era of Casualisation
In recent weeks, two long-awaited UK Supreme Court judgments have offered strikingly divergent reflections on the meaning and parameters of working time. In Uber, the Court held a group of...
For Whom the Bell Tolls: “Contract” in the Gig Economy
Are Uber drivers ‘limb (b) workers’ and so entitled to fundamental statutory rights such as the minimum wage and working time protections? In a decision of fundamental significance, six Justices...
South African Constitutional Court confirms that the right to basic education encompasses access to final exams
Unlike many other socio-economic rights in the South African Constitution, such as the right to ‘further education’, the right to basic education is immediately realisable – not subject to progressive...
South African Constitutional Court confirms that the right to basic education encompasses access to final exams
Unlike many other socio-economic rights in the South African Constitution, such as the right to ‘further education’, the right to basic education is immediately realisable – not subject to progressive...
Setting the Record Straight on Socio-Economic Rights Adjudication: Kenya Supreme Court’s Judgment in the Mitu-Bell Case
On 11 January 2021, the Kenyan Supreme Court delivered the judgment in Mitu-Bell Welfare Society. The case concerned the unlawful eviction and demolition of the homes of over 3,000 families...
Kenyan Supreme Court on Structural Interdicts and Application of UN Guidelines on Evictions
The Kenyan Supreme Court has overturned a Court of Appeal decision which found that the forceful eviction of the inhabitants of Mitumba village was not in violation of their fundamental...
Ruth Bader Ginsburg’s Reading of the Fair Housing Act: An Interpretive Approach Aligned with Legislative Policy
Ruth Bader Ginsburg’s long tenure on the U.S. Supreme Court produced a limited but meaningful body of work in fair housing cases. Although overshadowed by her historic rulings on gender-based...
Kenya’s Constitutional Court Certifies Structural Interdict as an Interlocutory Remedy
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....
Right to housing and dignity denied: Indian Supreme Court orders eviction of slum dwellers within 3 months
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...
