Revolutionary Judgements

Šilih v. Slovenia: The applicants in the case were Slovenian nationals, Ivan and Franja Šilih, whose 20-years old son Gregor died in hospital in May 1993. Gregor’s parents believed that his death had been the result of negligent medical practice. They initiated legal proceedings against the hospital and yet even after sixteen years later, the Slovenian courts had still not fully resolved the case. In 2009, the European Court ruled that the Slovenian authorities had failed to set up an effective independent judicial system so that the cause of death of medical patients can be determined. The Court found a violation of the applicants’ right to life.

Gloucester Resources Limited v. Minister for Planning, Gloucester Resource Limited (GRL) proposed to establish an open cut coal mine near the town of Gloucester. Residents of Gloucester generally opposed the project, concerned about the mine’s amenity impacts, visual impacts, social impacts, and potential contribution to climate change. GRL unsuccessfully applied for approval and appealed to the Land and Environment Court of New South Wales, acting as a consent authority in this case.

The Bhisho High Court ruled in the case of Equal Education v Minister of Basic Education (the “Equal Education” case) that several sections of the Regulations Relating to Minimum Norms and Standards for Public School infrastructure to be inconsistent with the Constitution and the Schools Act and therefore unlawful and invalid. It is hopeful to be regulated for improving the school infrastructure in South Africa’s under-resourced schools.

One of the applicants posted a photograph of him kissing his male partner on his Facebook page, which led to hundreds of online hate comments. The applicants alleged that they had been discriminated against on the ground of sexual orientation. They also argued that the Lithuanian authorities’ refusal to launch a pre-trial investigation had left them without the possibility of legal redress.