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Supreme Court of Canada Delivers Judgment in Hate Speech Case

Supreme Court of Canada Delivers Judgment in Hate Speech Case

By Lauren Dancer- In Saskatchewan (Human Rights Commission) v. Whatcott 2013 SCC 11 the Supreme Court of Canada considered whether s 14(1)(b) of The Saskatchewan Human Rights Code which prohibits the publication of any representation ‘that exposes or tends to expose to hatred, ridicules, belittles or otherwise affronts the dignity of any person or class [...]

Could the outcome in Windsor v US be a hollow victory?

Could the outcome in Windsor v US be a hollow victory?

Yesterday, the United States Supreme Court heard argument in Windsor v United States.  We have been closely following this case on the OxHRH Blog.  Today’s post will analyze the transcript of the hearing in order to see if we can get any hint of the direction in which this case might go.   The first [...]

OPBP wins Law Works & Attorney General’s Pro Bono Award

OPBP wins Law Works & Attorney General’s Pro Bono Award

Oxford Pro Bono Publico (OPBP) was awarded the ‘Best Contribution by a Team of Students’ award in the 2013 LawWorks & Attorney General Student Pro Bono Awards, hosted at the House of Commons on Monday. Now in its 13th year, OPBP relies upon the dedication and commitment of Oxford law graduate students and Faculty members [...]

Freedom of political communication and offensive speech in Australia

Freedom of political communication and offensive speech in Australia

By Boxun Yin – In Monis v The Queen [2013] HCA 4, the High Court of Australia considered the unique Australian doctrine of “implied freedom of political communication”. As Australia lacks a statutory or constitutional bill of rights, it is relatively rare for the High Court to be confronted with human rights questions. This was [...]

So Near and Yet So Far: The International Arms Trade Treaty and Human Rights

So Near and Yet So Far: The International Arms Trade Treaty and Human Rights

By Dr Gilles Giacca – The renewed United Nations Conference on the Arms Trade Treaty opened on 18 March 2013 for a total of nine days. Optimism is running high that despite the very short time frame and the unseemly collapse of negotiations in July 2012, an agreement can be secured this time around. There [...]

Australian Discrimination Law Reform Abandoned by Government

Australian Discrimination Law Reform Abandoned by Government

By Dominique Allen – Late last year, I wrote about the proposed changes to modernise Australia’s ageing anti-discrimination laws which, unlike most of their overseas equivalents, have stagnated since they commenced operation. Today, it appears that these reforms, while not dead, are certainly comatose. The Human Rights and Anti-Discrimination Bill 2012 (Cth) was the result of two [...]

Prisoner Voting and the Rule of Law: The Irony of Non-Compliance

Prisoner Voting and the Rule of Law: The Irony of Non-Compliance

By John Hirst – Prisoners’ voting rights remain a vexed issue in the United Kingdom. Following the European Court of Human Rights (ECtHR) decision in Hirst v UK (No 2), the United Kingdom was given until 22 November 2012 to repeal its blanket ban on prisoner voting. The UK failed to comply, resulting in a [...]

The Strasbourg Court, the ‘Exhaustion of Domestic Remedies’ Rule, and the Principle of Subsidiarity: Between a Rock and a Hard Place?

The Strasbourg Court, the ‘Exhaustion of Domestic Remedies’ Rule, and the Principle of Subsidiarity: Between a Rock and a Hard Place?

By Natasha Simonsen – The recent judgment of the European Court of Human Rights in Er & Ors v Turkey illustrates the tension between the principle of the subsidiarity and the trend in the Court’s case law towards relaxation of procedural constraints on access to justice.  The case arose from the disappearance of a Kurdish [...]

Contesting Refugee Status Cessation: The Rwandan Case

Contesting Refugee Status Cessation: The Rwandan Case

By Kelly O’Connor – The United Nations High Commissioner for Refugees (UNHCR) recommends that the refugee status of all Rwandans who fled the country between 1959 and 1998 should cease in June 2013. Rwandan officials argue that the country is safe. Fahamu, Human Rights Watch, and refugees themselves respond that ending refugee status could lead to [...]

Engendering Social Welfare Rights

Engendering Social Welfare Rights

Recipients of social welfare must routinely face the fact that many in society regard them as “scroungers” who are undeserving of the support they receive. Welfare recipients are thus compelled to live with the stigma attached to the receipt of social support in addition to the severe problems and stigma that poverty holds in the first [...]

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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 [...]