Judicial Protection of Economic, Social and Cultural Rights: Cases and Materials

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This volume seeks to bring together, for the first time, a collection of documents and case-law from different parts of the world, which shows the Courts at work in providing judicial protection of economic, social and cultural rights.

Author(s): Bertie G. Ramcharan
Series: The Raoul Wallenberg Institute Human Rights Library, 22
Publisher: Brill
Year: 2005

Language: English
Pages: 562
City: Leiden

I. INTRODUCTION
II. INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
III. THE CONTENT OF THE LEGAL OBLIGATION TO IMPLEMENT ECONOMIC, SOCIAL AND CULTURAL RIGHTS
The Travaux Préparatoires
CESCR General Comment No. 3
IV. PRINCIPLES OF IMPLEMENTATION
The Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights
V. PROGRESSIVE IMPLEMENTATION
Thiagraj Soobramoney v. Minister of Health (Kwazulu-Natal) – Constitutional Court of South Africa
VI. NON DISCRIMINATION
F. H. Zwaan-de Vries v. the Netherlands – Human Rights Committee
S. W. M. Broeks v. the Netherlands – Human Rights Committee
VII. THE RIGHT TO ADEQUATE FOOD
CESCR General Comment No. 12
World Food Summit: Five Years Later
VIII. THE RIGHT TO THE HIGHEST ATTAINABLE STANDARD OF HEALTH
CESCR General Comment No. 14
Minister of Health and Others v. Treatment Action Campaign and Others – Constitutional Court of South Africa
C.E.S.C. Limited v. Subbash Chandra Bose – Supreme Court of India
Consumer Education and Research Centreand Others v. Union of India and Others – Supreme Court of India
Decision Regarding Communication No. 155/96, The Social and Economic Rights Action Center and the Center for Economic and Social Rights / Nigeria – African Commission on Human and Peoples' Rights
IX. THE RIGHT TO EDUCATION
CESR General Comment No. 13
Saburo Ienaga v. The Japanese Government – Tokyo High Court
Mohini Jain (Miss) v. State of Karnataka and Others – Supreme Court of India
X. THE RIGHT TO WORK
The Attorney General of Guyana v. Caterpillar Americas Co. – Court of Appeal of the Supreme Court of Judicature, Cooperative Republic of Guyana
Rudolph James, 'The Right to Work', Guyana Bar Association Review Vol. No. 5, December 1983
Mahendra Ramgopal 'The Right to Work Versus Dismissal At Pleasure In the Cooperative Republic of Guyana', Guyana Bar Association Review Vol. No. 5, December 1983
Mr. L. v. the Municipality of Hollola – Supreme Court of Finland
ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up
Air India Statutory Corporation etc. v. United Labour Union and Others – Supreme Court of India
Daily rated casual labour employed under P&T through Bharatiya Dak Tar Mazdoor Manch v. Union of India and Others and National Federation of P&T Employees through its Secretary General and another v. Union of India and another – Supreme Court of India
Life Insurance Corporation of India and Another v. Consumer Education and Research Centre and Others – Supreme Court of India
Sexual Harassment – Apparel Export Promotion Council v. A. K. Chopra – Supreme Court of India
Bandhua Mukti Morcha, etc. v. Union of India and Others – Supreme Court of India
XI. THE RIGHT TO HOUSING
The Government of the Republic of South Africa, the Premier of the Province of the Western Cape, the Cape Metropolitan Council and the Oostenberg Municipality v. Irene Grootboom and others – Constitutional Court of South Africa
P.G. Gupta v. State of Gujarat and Others – Supreme Court of India
M/s. Shantistar Builders v. Narayan Khimalal Totame and Others – Supreme Court of India
Olga Tellis and Others v. Bombay Municipal Corporation and Others and Vayyapuri Kuppusami and Others v. State of Maharashtra and others – Supreme Court of India
XII. THE RIGHT TO PROPERTY
Alina Simunek et al. v. the Czech Republic – Human Rights Committee
G. Ato del Avellanal v. Peru – Human Rights Committee
Josef Frank Adam v. the Czech Republic – Human Rights Committee
Ibrahima Gueye et al. v. France – Human Rights Committee
The Attorney General of Guyana v. Caterpillar Americas Company – the Court of Appeal of the Supreme Court of Judicature, Cooperative Republic of Guyana
Milovan Poropat, Senija Poropat, Muradifa Seremet and Muhamed Hrelja v. Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina – Human Rights Chamber for Bosnia and Herzegovina
XIII. THE RIGHT TO A SAFE ENVIRONMENT
Bulankulama and Others v. The Secretary, Ministry of Industrial Development and Others – the Supreme Court of the Democratic Socialist Republic of Sri Lanka
XIV. THE RIGHT TO SOCIAL SECURITY
Dietmar Pauger v. Austria – Human Rights Committee
Vos v. the Netherlands – Human Rights Committee
XV. OTHER
Complaint No. 1/1998 by the International Commission of Jurists against Portugal – Council of Europe
Kitok v. Sweden – Human Rights Committee
R. T. v. France – Human Rights Committee
R. D. Stalla Costa v. Uruguay –; Human Rights Committee
XVI. VIOLATIONS OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS
The Maastricht Guidelines on Violations of Economic, Social and Cultural Rights