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Clarifying the Law on Consent in The Verma Report

Clarifying the Law on Consent in The Verma Report

After the tragedy of the gang rape in Delhi on December 16, 2012, the Committee on Amendments to Criminal Law (The Verma Report) has submitted recommendations to the Prime Minister of India on reforming the laws on rape. The definition of legal consent to rape and sexual assault raises many challenging issues on the roles [...]

The future of human rights on these islands

The future of human rights on these islands

by Colin Harvey Now that the idea of a new UK Bill of Rights appears to be buried, choices re-emerge. The predicted outcome of the London-based Commission’s work was finally confirmed in December. Where now for human rights? Thinking beyond the European Convention on Human Rights was never confined to this generation or any one process. The [...]

Are only the ‘discrete and insular’ subject to prejudice?: An analysis of the Bipartisan Legal Advisory Group’s brief in Windsor v United States

Are only the ‘discrete and insular’ subject to prejudice?: An analysis of the Bipartisan Legal Advisory Group’s brief in Windsor v United States

In the wake of the introduction of the Marriage (Same Sex Couples) Bill in the UK last week, Karl Laird continues to update OxHRH Blog readers on the progress of same sex relationship rights on the other side of the Atlantic.  In this piece Karl analyses the respondent’s brief in Windsor v United States. The Supreme [...]

The Justice JS Verma Committee Report on Amendments to Criminal Law relating to Sexual Violence in India- Preliminary Observations

The Justice JS Verma Committee Report on Amendments to Criminal Law relating to Sexual Violence in India- Preliminary Observations

The Justice JS Verma Committee, set up by the Government of India after the horrific  gang-rape in Delhi on December 16, 2012, submitted a 630 page report on 23 January 2012, setting out its recommendations for the reform of India’s sexual violence laws. The Committee received over 80,000 responses to its call for submissions. A copy of [...]

R (Hodkin): A Signal to Rethink Religious Worship

By Ilias Trispiotis In R (on the application of Hodkin) v Registrar General of Births, Deaths and Marriages [2012] EWHC 3635 the High Court acknowledged that a broader definition of worship should be part of the future judicial agenda. That could be a positive step, especially vis-à-vis non-theistic religions. The case arose when a couple [...]

Eweida and Others v United Kingdom: the Use and Abuse of the Margin of Appreciation

Eweida and Others v United Kingdom: the Use and Abuse of the Margin of Appreciation

Julie Maher’s post on the judgment handed down by the ECtHR in Eweida and Others v United Kingdom outlines the reasons which the Court gave for deciding that, while disciplinary action for wearing a crucifix necklace at a job with British Airways was disproportionate, in the context of a hospital worker it was not. Moreover, [...]

Religious Rights in the Balance: Eweida and Others v UK

Religious Rights in the Balance: Eweida and Others v UK

Yesterday’s decision of the European Court of Human Rights in Eweida and Others v the UK has been described as something of a ‘mixed bag’. By a margin of 5 votes to 2 the Chamber ruled that Article 9 of the European Convention had been infringed where a private company refused to allow a Christian employee to wear [...]

Eweida, Chaplin, Ladele and McFarlane v the United Kingdom: A Primer

Eweida, Chaplin, Ladele and McFarlane v the United Kingdom: A Primer

On Tuesday 15 January the European Court of Human Rights will give judgement on the applications of four Christian employees who contend that UK law fails to adequately protect their Convention rights. The facts of the case are available in greater detail elsewhere, and have already generated widespread commentary, (see for example here, here, and here). The National Secular Society and the Equality and [...]

Unprecedented Step Taken in South Africa to Address Gender Transformation in the Judiciary

Unprecedented Step Taken in South Africa to Address Gender Transformation in the Judiciary

On the 12th of October 2012, the South African Commission for Gender Equality (CGE) was served with an unprecedented complaint regarding the lack of Gender Transformation in the Judiciary.  The Commission of Gender Equality was created by Chapter 9 of the South African Constitution of 1996 as a means of supporting Constitutional Democracy. Its duty [...]

Brushing off moral case for pardon of Alan Turing may well turn into a legal case

Brushing off moral case for pardon of Alan Turing may well turn into a legal case

In this post human rights specialists and Alex Bailin QC of Matrix Chambers and John Halford of Bindmans LLP warn that if the government continues to brush off the moral case for Alan Turing to be pardoned, it may well face a legal one. Alan Turing was a brilliant mathematician and logician who led a team [...]

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A Quick Overview

Blog posts have been coming in thick and fast over the last month. To help you get up to speed, the editorial team has put together a quick summary of some of the major themes. Justice Verma Committee on Indian sexual violence laws The Justice Verma Committee submitted its report on the reform of India’s [...]