Cases on progressive realisation and courts interfering with the State’s budget
Theme |
Case |
Keywords |
Progressive realisation and courts interfering with the State’s budget |
Progressive realisation, positive right, housing, accessibility, availability, budgetary limitations not relevant, South Africa, Consitutional law, national level, discrimination |
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|
Minister of Health and Others v Treatment Action Campaign and Others |
Children‘s Rights, Health Rights, HIV/AIDS, Right to Life, Maximum Available Resources, policies on rights, Progressive Realization/Non-Retrogression, Women’s Rights positive right, medical, accessibility, availability, acting reasonably to provide on progressive basis, South Africa, constitutional law, national level |
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|
Viceconti v. Ministry of Health and Social Welfare - Poder Judicial de la Nación |
health rights, positive obligations, domestic application of international law (monist system), constitutional law, national court, preamble, Argentina |
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Positive right, minimum level of dignity, resource allocation, constitutional law, national court, nationality |
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Guingona, JR v Carague, Supreme Court of the Philippines - G.R. No. 94571, 22 April 1991 |
Resource allocation, budgetary contraints, availability, national court, constitutional law, Philippines |
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Adaptability, suitable education, resources, financial reasons not allowed to stand in way of statutory duty, disability, special educational needs |
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Mendoza & Ors v Minister of Public Health and the Director of the National AIDS-HIV-STI Program |
Positive obligations, constitutional law, Ecuador, availability, Progressive v immediate realisation, deeds not words, national level |
Other themes:
| Cases on progressive realisation and discrimination |
| Cases on justiciability |
