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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 [...]

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, [...]

Bugmy v The Queen: Exploring the Significance of Indigenous Background in Sentencing

Bugmy v The Queen: Exploring the Significance of Indigenous Background in Sentencing

Bugmy v The Queen provides the High Court of Australia with its first opportunity in thirty years to rule on the significance of Indigenous background in sentencing. The overrepresentation of Indigenous offenders in Australian prisons has doubled in the last twenty years: in the early 1990s indigenous offenders represented 14 per cent of the prison population, today they [...]

Vinter v UK – Why The Majority Are Right To Find That Whole Life Orders Violate Article 3 ECHR

Vinter v UK – Why The Majority Are Right To Find That Whole Life Orders Violate Article 3 ECHR

The European Court of Human Rights’ recent decision in Vinter v UK will inevitably come under fire for infringing abstract notions of subsidiarity and the Court criticised for meddling in national affairs (see the prediction in Claire Overman’s blog post for the Oxford Human Rights Hub earlier this week). The present post outlines some of the [...]

Vinter v UK and Whether Life Should Mean Life

Vinter v UK and Whether Life Should Mean Life

The Grand Chamber of the European Court of Human Rights has ruled, in the case of Vinter and Others v United Kingdom, that whole life orders of imprisonment violate Article 3 of the European Convention of Human Rights, which prohibits inhuman and degrading treatment and torture. As the Court pointed out at paragraph 12, the [...]

Mobile Phone Evidence: Implications for Privacy in South African Law

Mobile Phone Evidence: Implications for Privacy in South African Law

Contemporary criminal investigations, particularly in cases of conspiracy and joint participation, routinely include search and seizure of mobile phones and access of their stored electronic data. This prompts two questions:  Does the core element of the right in question, viz a ‘reasonable expectation of privacy’, arise in the case of electronically stored information? And does [...]

To Whomsoever it May Concern? The Case of Criminal Law (Amendment) Act 2013

To Whomsoever it May Concern? The Case of Criminal Law (Amendment) Act 2013

The Criminal Law (Amendment) Bill 2013was passed by the Indian Parliament and now awaits the sanction of the President before it replaces the Criminal Law (Amendment) Ordinance 2013. Despite, what can be termed as the third wave of women’s movement in India, the law disengages with the national and feminist consciousness which has emerged post [...]

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 [...]

Sex Workers Have Human Rights Too

Sex Workers Have Human Rights Too

By Stacey-Leigh Manoek and Gcobisa Silwana South African law criminalises sex work. In terms of the law both the sex worker and the client commit offences, yet it is sex workers who bear the consequences of this criminal status. This is one of many cases where sex workers experience human rights violations at the hands of [...]

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 [...]