Caselaw Database - All Cases

ESCR-Net Caselaw Database: A database on domestic, regional and international decisions regarding Economic, Social and Cultural Rights.

Philippines National Inquiry on Climate Change

In 2022, the Philippines Human Rights Commission (hereinafter “the Commission”) released the results of a seven-year investigation into the impacts of climate change on the Philippines and the duty on states and private actors to address “the increasing frequency and severity of natural disasters.” The investigation was prompted after Greenpeace Southeast Asia and others submitted a petition to the Commission, asking it to examine the impacts of climate change through the lens of human rights violations, the role of major fossil fuel companies, and the role of states in aiding those “carbon

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PSB et al v. Brazil (on Climate Fund) (ADPF 708)

Four political parties – Workers Party (PT), Socialism and Liberty Party (PSOL), Brazilian Socialist Party (PSB), and Sustainability Network (Rede)– sued the Brazilian government for violations of its constitutional and international obligations in regards to environmental protection. The Plaintiffs specifically alleged that the Jair Bolsonaro administration had failed to allocate and disburse funds from the Climate Fund in 2019. 

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Milieudefensie et al. vs. Royal Dutch Shell

This case is a class action filed by Milieudefensie, Greenpeace NL, Fossielvrij NL, Waddenvereniging, Both ENDS, and Young Friends of the Earth NL which sued Defendant Royal Dutch Shell in the District Court of The Hague. Plaintiffs sought a ruling that RDS – parent company to Shell – must reduce its greenhouse gas (GHG) emissions by 45% by 2030 compared to 2019 levels, and to zero by 2050, in line with the Paris Agreement. 

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Daniel Billy et al. vs. Australia (Torres Strait Islanders Petition)

The authors, Indigenous Peoples of the Torres Strait Islands, brought a petition against Australia for violations of the International Covenant on Civil and Political Rights (ICCPR). The petitioners argued that Australia’s insufficient climate action violated their human rights, under ICCPR Articles 6 (right to life), 17 (right to private, family and home life) 24(1) (right of the child to protective measures), and 27 (right to culture). 

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Vélez Loor v. Panamá

This case involves a request for provisional measures with the Inter-American Court of Human Rights (“Court”), filed by Center for Justice and International Law (CEJIL), the representatives of Jesús Tranquilino Vélez Loor, pursuant to Articles 63(2) of the American Convention on Human Rights and 27(3) of the Court’s Rules of Procedure.

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Four Nigerian Farmers and Milieudefensie v. Shell

These two cases are part of a group of six cases involving Nigerian farmers seeking compensation for the environmental and livelihood damage they suffered as a result of oil leakages from Shell’s pipelines in the villages of Oruma, Goi, and Ikot Ada Udo.

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Guachalá Chimbo et al. v Ecuador

Luis Eduardo Guachalá Chimbo, aged 23 years old at the time of his disappearance, suffered from epileptic seizures since childhood. As of January 21, 2004, he was diagnosed with with a psychosocial disability. Due to insufficient income to cover Mr. Chimbo’s and his family’s basic needs, he was unable to consistently afford the medicines needed to treat his epileptic seizures.

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Sithole and Another v Sithole and Another [2021] ZACC 7

The Legal Resources Centre (LRC) represented Mrs. Agnes Sithole, a seventy-two-year-old woman living in KwaZulu-Natal who married Gideon Sithole in 1972 out of community of property in terms of section 22(6) of the Black Administration Act 38 of 1927 (BAA) and the Commission for Gender Equality in a challenge to the Matrimonial Property Act of 1984. Between 1972 and 1985 Mrs. Sithole worked as a housewife and ran a home-based clothing business successfully to educate her children and assist the family household expenses. After the relationship between Mr. and Mrs. Sithole deteriorated, Mr.

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Avinash Mehrotra v. Union of India & Ors, 6 SCC 398 (2009)

This public interest litigation case was a response to the fire that swept through Lord Krishna Middle School in the Kumbakonam District.  Lord Krishna Middle School was private school with approximately 900 students.  A fire started in the kitchen nearby that eventually caught the thatched roof of the school building, which fell and killed 93 children inside.  When the firefighters arrived on scene, they noted that the school was severely out of code.  Municipal building codes required the school to be certified every two years, but Lord Krishna Middle School was three years delinquent and

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Vera Rojas and Others vs. Chile

The Plaintiff in this case is Martina Vera Rojas and her parents. Martina has Leigh Syndrome, a neurological and muscular condition that requires extensive care and treatment. Martina’s parents took out a health insurance policy with a private insurance company called Isapre MasVida that included special coverage for catastrophic illnesses and at-home treatment. In 2010, Martina was told that at-home treatment would no longer be included for chronic illnesses pursuant to a new regulation (Circular IF/No. 7), at the time, from the Superintendence of Health.

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