Where to find case law
The most relevant websites are those that focus on human rights cases, such as Interights [link] and specifically those on economic, social and cultural rights, the most important ones are ESCR-net and COHRE [link] – the latter being primarily on housing rights.
But relevant legal cases can be found in many other places on the internet, from news websites to national legal databases, such as the Southern African Legal Information Institute
International NGOs that work in the field of economic social and cultural rights, such as. Center for Justice and International Law (CEJIL), the Child Rights Information Network (CRIN) and Minority Rights [link]
In terms of what to look for we recommend these general headings:
- Forum; citation; and context
- On what breach of law the case was brought – the exact provision and any relevant interpretations the court might have made.
- Process – who applied to the court i.e. were any NGOs involved in terms of making the application and can you contact them for further information
- How civil society mobilised around the case
- Result of case – what the court actually decided
- Effect of case – for those involved both long-term and short-term
- What the case has done to further the right to education – assessing the ramifications of the decision for the right to education; precedent; stature of the court; scope of the decision; and does it narrow or broaden the right.