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What Has the European Union Ever Done for Women?

What Has the European Union Ever Done for Women?

As the 2014 European elections are approaching this is an appropriate time to pause and reflect on what the European Union has ever done for women. The EU was established in 1958 with the Treaty of Rome (formerly European Economic Community) by the so called ‘founding fathers’. However, the EU also had a lot of [...]

Women at work – positive obligations for positive results

Women at work – positive obligations for positive results

The most significant change in recent decades influencing the position of women at work is the transformation of state-managed capitalism into a globally marketised, privatised, deregulated system. This is accompanied by an ideological change from the post-War spirit of social solidarity into a belief in individual choice, personal autonomy and meritocracy. Women are told that [...]

Inspiring Change Through Law for International Women’s Day

Inspiring Change Through Law for International Women’s Day

March 8th is International Women’s Day, formally observed by the United Nations in recognition of the fact that ‘securing peace and social progress and the full enjoyment of human rights and fundamental freedoms require the active participation, equality and development of women’ and to acknowledge ‘the contribution of women to strengthening the strengthening of international [...]

New employment tribunal fees and discrimination: UNISON v Lord Chancellor; Equality and Human Rights Commission

New employment tribunal fees and discrimination: UNISON v Lord Chancellor; Equality and Human Rights Commission

The High Court (Moses LJ, Irwin J) today delivered judgment in the important judicial review proceedings brought by UNISON to challenge the fees regime introduced in the employment tribunal and EAT. The Court rejected the application but its judgment is interesting for what it says about the effect of fees and for the possibility of [...]

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 [...]

Naz and Reclaiming Counter-Majoritarianism

Naz and Reclaiming Counter-Majoritarianism

The term “counter-majoritarian” has, more often than not, been used in a derogatory fashion – especially when it is used to describe an institution like the Supreme Court. However, after the Supreme Court’s ruling on S.377 of the Indian Penal Code, whereby it re-criminalized homosexuality after four years of it being decriminalized in India, it [...]

Stereotyping as Direct Discrimination?

Stereotyping as Direct Discrimination?

The Hungarian Equal Treatment Authority (ETA) found that the entrance policy of a music club violated anti-discrimination legislation. The club in Budapest only charged men for entrance but not women. Whose equality was at stake? The complaint to the ETA was submitted by a male consumer. The complainant argued the he had to bear a [...]

Naz Foundation: Reading Down the Supreme Court

Naz Foundation: Reading Down the Supreme Court

There is no doubt that the Supreme Court in Suresh Kumar v Naz Foundation held that section 377 of the Indian Penal Code, which criminalizes ‘carnal intercourse against the order of nature,’ was constitutionally valid. The court overruled the 2009 Delhi High Court decision which had read down section 377 to exclude ‘consensual sexual acts [...]

The Commonwealth v The Australian Capital Territory: Marriage Equality in the High Court

The Commonwealth v The Australian Capital Territory: Marriage Equality in the High Court

On Thursday the High Court of Australia effectively struck down the nation’s first same-sex marriage laws. But there was a silver lining for marriage equality activists: in striking down marriage laws passed by a territorial parliament, the High Court firmly indicated that it was within the constitutional power of the Australian national parliament to legislate [...]

True Reconciliation Requires a Treaty

True Reconciliation Requires a Treaty

Treaties are accepted around the world as the means of reaching a settlement between Indigenous peoples and those who have settled their lands.  Australia is the only Commonwealth nation that does not have a treaty with its Indigenous peoples. We have never entered into negotiations with them about the taking of their lands or their [...]

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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 [...]