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Women’s Rights: A Look Back at Emily Wilding Davison’s Leadership

Women’s Rights: A Look Back at Emily Wilding Davison’s Leadership

Editor’s Note: OxHRH is marking the recent June 8 centenary of Emily Wilding Davison’s passing with this guest blog from the co-curators of LSE’s special exhibition dedicated to her role as a suffragette leader. Examining her inspiring life, the exhibit and this blog aim to draw attention to the long – and continuing – struggle [...]

Entry into force of the New Optional Protocol to the ICESCR

Entry into force of the New Optional Protocol to the ICESCR

The new Optional Protocol (OP) to the UN International Covenant on Economic, Social and Cultural Rights (ICESCR) entered into force on 5 May 2013. The OP recognizes the competence of the Committee to receive and consider communications submitted by or on behalf of individuals or groups of individuals, under the jurisdiction of a State Party, [...]

The Questions Raised by Striking Down DOMA

The Questions Raised by Striking Down DOMA

In light of the release of Windsor v the United States, Karl Laird analyzes the US Supreme Court’s reasoning, noting the Court still avoids the hard questions.   It took Justice Anthony Kennedy just 26 pages to give Edie Windsor what she had fought for since the death of her beloved wife Thea; the federal recognition [...]

Why Fisher v University of Texas is Irrelevant outside the US

Why Fisher v University of Texas is Irrelevant outside the US

The US Supreme Court’s decision in Fisher v University of Texas, released on Monday, has received much international attention.  As Claire Overman and Reva Siegel explain in their recent posts, the decision was not the end to race-based affirmative action in the US that many feared, nor was it the ringing endorsement of Grutter that [...]

A Restriction of the Status Quo: Fisher v University of Texas

A Restriction of the Status Quo: Fisher v University of Texas

Many expected a major ruling on the constitutionality of affirmative action from the United States Supreme Court in Fisher v. University of Texas. But the Court substantially upheld prior precedent in an opinion by Justice Anthony Kennedy, with Justice Ruth Bader Ginsburg dissenting, and Justice Elena Kagan recused from the case. The parties had not [...]

Fisher v University of Texas: A Glimmer of Hope for Affirmative Action in the United States?

Fisher v University of Texas: A Glimmer of Hope for Affirmative Action in the United States?

The US Supreme Court has today handed down judgment in the eagerly anticipated case of Fisher v University of Texas. It concerns the compatibility of the university’s admissions programme with the Equal Protection Clause of the Fourteenth Amendment. This programme combines a “Personal Achievement Index,” which takes an applicant’s race into account, and automatic admission [...]

Extraterritorial Jurisdiction under the ECHR – Smith (and Others) v MOD (2013)

Extraterritorial Jurisdiction under the ECHR – Smith (and Others) v MOD (2013)

  In Smith (and Others) v MOD [2013] UKSC 41, the UK Supreme Court was charged with determining whether the UK government had jurisdiction over British soldiers killed while serving in Iraq. The incidents in question raised several issues, including the admissibility of claims under the substantive aspect of Article 2 of the ECHR (the right [...]

Internet surveillance in English law

Internet surveillance in English law

This is partially based on Ian Brown (2012) ‘Government Access to Private-Sector Data in the United Kingdom’ International Data Privacy Law 2 (4) 230-238 For the past fortnight, the media has been full of revelations about the surveillance practices of the US National Security Agency (NSA), a shadowy body responsible for communications intelligence for the [...]

Proportionality analysis after Eweida and Others v. UK: Examining the Connections between Articles 9 and 10 of the ECHR

Proportionality analysis after Eweida and Others v. UK: Examining the Connections between Articles 9 and 10 of the ECHR

Until recently, questions regarding the theory and practice of the proportionality analysis in relation to the application of Article 9 of the ECHR to individuals were largely redundant. The European Court of Human Rights (ECtHR) rarely viewed state actions towards religious citizens as constituting an interference with Article 9. It was only in 1993 that [...]

Evolving Strasbourg Jurisprudence on Domestic Violence: Recognising Institutional Sexism

Evolving Strasbourg Jurisprudence on Domestic Violence: Recognising Institutional Sexism

As part of a broader feminist critique of the European Convention on Human Rights, it has been argued that Article 14 of the ECHR (freedom from discrimination) has not been useful in advancing women’s equality due to its reliance on a conception of formal equality. On the other hand, it has been suggested that Article 8 [...]

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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 [...]