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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 [...]

Over to you, Parliament – The significance of the Australian High Court’s judgment on same-sex marriage

Over to you, Parliament – The significance of the Australian High Court’s judgment on same-sex marriage

A striking feature of Australian High Court jurisprudence in recent years is the Court’s use of orthodox judicial analysis to decide issues of deep political controversy and high significance for individual rights. This can be seen in the recent case of The Commonwealth v Australian Capital Territory (for further commentary on this case and its [...]

Of Koushal v NAZ Foundation’s Several Travesties: Discrimination and Democracy

Of Koushal v NAZ Foundation’s Several Travesties: Discrimination and Democracy

There are many things wrong about the 98 page decision of the Indian Supreme Court in Suresh Kumar Koushal v NAZ Foundation. The Court’s extensive quoting but tenacious refusal to engage with the text of the Delhi High Court judgement (of which this case is an appeal); reciting but refusing to analyse the arguments made [...]

Taking Conscience Seriously

Taking Conscience Seriously

Ladele (see previous posts) exemplifies an important public debate: has the embrace of gay equality by the liberal state become oppressive towards free conscience rights?   The legalization of gay marriage is troubling for many and the extension of anti-discrimination norms to cover sexual orientation may force many into painful dilemmas as to how they reconcile [...]

European Court of Human Rights Rules on Same-Sex Civil Partnerships

European Court of Human Rights Rules on Same-Sex Civil Partnerships

In the case of Vallianatos and Others v. Greece, the Grand Chamber of the European Court of Human Rights held that the legal recognition of different-sex civil partnerships to the exclusion of same-sex civil partnerships was incompatible with the European Convention on Human Rights. The applications were lodged by four different couples living in Greece. [...]

Bridging The Divide? Integrating the Functions of National Equality Bodies and National Human Rights Institutions in the EU

Bridging The Divide? Integrating the Functions of National Equality Bodies and National Human Rights Institutions in the EU

National equality bodies (NEBs) and national human rights institutions (NHRIs) play important roles in promoting respect for human dignity and fundamental rights in many European states. NEBs promote respect for the principle of equal treatment and help victims of discrimination to obtain a remedy under national and EU anti-discrimination law. NHRIs promote respect for human [...]

Affirmative Action in South African Universities: What Does Race Represent?

Affirmative Action in South African Universities: What Does Race Represent?

Editor’s note: Following the US Supreme Court’s decision last week in Fisher the OxHRH will be running a series of posts that offer international perspectives on affirmative action.  In this post, Dr Max Price, Vice-Chancellor of the University of Cape Town, reflects upon the use of race as a marker for disadvantage and redress in South [...]

Legal Aid Cuts are Incongruous and Reckless for a Conservative Government

Legal Aid Cuts are Incongruous and Reckless for a Conservative Government

This is an edited transcript of the address given by Dinah Rose QC on Tuesday 4 June 2013, at the Demonstration to Save Justice outside of the Ministry of Justice. A full recording of this address can be found here. Anyone who has read the online comments in the Guardian, and even worse, in the Daily Telegraph over the past couple [...]

Between a Crocodile and a Snake: Racism and religious intolerance in Burma

Between a Crocodile and a Snake: Racism and religious intolerance in Burma

By Benedict Rogers Benedict Rogers will be speaking in Oxford this Thursday, 2 May.  Click here for more information on the Event “Racism in Burma: Silent Persecution of the Rohingya” or here to learn more about the Oxford-Burma alliance. After fifty years of repressive military rule, Burma is just beginning to open up. In the [...]

Gender-Neutral Marriage and ‘Attenuated Discrimination’: Legal Developments in France

Gender-Neutral Marriage and ‘Attenuated Discrimination’: Legal Developments in France

by Professor Daniel Borrillo- During his election campaign, French president François Hollande announced as part of his political program: I want to fight against all forms of discrimination and to make available new civil rights : I will make available to homosexual couples the rights to marriage and adoption. Following this commitment, on November 7, 2012, [...]

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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 [...]