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Equal Treatment for All…Except the Highest?

Equal Treatment for All…Except the Highest?

A recent resolution of Member States of the International Criminal Court (ICC) puts into question their commitment to respect the fundamental right of equality for all embedded within Article 1 of the Universal Declaration of Human Rights. The ICC, established as the first permanent International Criminal Court in 2002, aspires to provide a model for [...]

Conscientious Objection to Military Service in International Human Rights Law

Conscientious Objection to Military Service in International Human Rights Law

Conscientious objection to military service is a means of resisting war and military service for reasons of conscience based on profound religious, ethical, moral, philosophical, humanitarian, or similar convictions. It generally concerns the exemption of people from fulfilling legal obligations that would necessitate a violation of their conscience, religion, or belief. The phenomenon of conscientious [...]

Navigating the Troubled Waters of Religious Accommodation

Navigating the Troubled Waters of Religious Accommodation

Recent reports concerning a situation in York University, Toronto, have reignited discussion on the complex subject of the right to religious accommodation. A male student, enrolled on an online course, requested permission from his professor to be excused from participating in group work with female students in person, citing his undisclosed religious belief as his [...]

Reviewing Koushal: Counting Down the Errors Apparent on the Face of the Record

Reviewing Koushal: Counting Down the Errors Apparent on the Face of the Record

The seven review petitions filed in the case of Koushal v Naz Foundation (“Koushal”) are an exercise in drawing up the rather lengthy list of errors apparent on the face of the Supreme Court of India’s record. On 11.12.13 the Supreme Court in Koushal reversed the Delhi High Court decision in Naz Foundation v Government [...]

Judicial Review of Migrant Detention in Europe: In Search of Effectiveness and Speediness

Judicial Review of Migrant Detention in Europe: In Search of Effectiveness and Speediness

  Detention has been highlighted in recent years by a number of international and non-governmental organisations as an ineffective and inefficient tool of migration control employed by a large number of states. In 2013, the European Court of Human Rights continued to find violations of Article 5(4) of the Convention for the Protection of Human [...]

Palestinian Refugees in Syria: A Primer For Advocacy

Palestinian Refugees in Syria: A Primer For Advocacy

In the face of crisis, it is very easy for those of us in neither government nor humanitarian work to switch off the news. Certainly, this seems to be the case with Syria, where the ongoing civil war has set off one of the largest humanitarian crises in recent history. To date, over 2 million [...]

Prosecuting in the Public Interest: CPS Guidelines from Assisted Suicide to Social Media

Prosecuting in the Public Interest: CPS Guidelines from Assisted Suicide to Social Media

Although the DPP’s consent is required before a prosecution for assisted suicide can be brought, the discretion whether to prosecute or not exists in all cases. In this post, drawn from a lecture given as the LAG Annual Lecture on 5 December 2013, Sir Keir Starmer KBE QC, DPP, considers how this is, and should, [...]

Should There Be A Human Rights Approach for Environmental Protection?

Should There Be A Human Rights Approach for Environmental Protection?

Is climate change just an environmental issue or also a human rights issue? Do we need a new international environmental treaty to address the rights of people displaced from their homes? When the rights of indigenous people are in question, is it a human rights issue or an environmental issue or both? Such issues require [...]

The CJEU’s Ruling in AMS and the Horizontal Effect of the Charter

The CJEU’s Ruling in AMS and the Horizontal Effect of the Charter

In its judgment in AMS (15 January 2014), the Grand Chamber of the Court of Justice of the European Union ruled on whether the Charter of Fundamental Rights of the European Union can apply in a dispute between private parties, holding that the Charter is applicable ‘in all situations governed by European Union law’. AMS [...]

Jones and Others v UK: Immunity or Impunity?

Jones and Others v UK: Immunity or Impunity?

The recent decision of the European Court of Human Rights in Jones and Others v UK represents a missed opportunity to take a lead in developments in international law concerning state immunity for acts of torture. Yet, it expresses a cautiously optimistic view that such developments are set to continue. The applicants were British nationals [...]

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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 [...]