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Mairead Enright - 20th January 2021
Ireland’s Mother and Baby Homes Commission of Investigation Report was published last week. This is the latest in a series of state investigations into so-called ‘historical’ institutional injustice. Following an established pattern, it makes limited recommendations for redress based on a bespoke official history in which survivors are subjects to be written about, rather than […]
- 28th December 2020
In Bernard Odero Okello & another v Cabinet Secretary for Industrialization, Trade and Enterprise Development, the petitioners challenged the appointment of the interested parties as members of the Business Premises and Rent Tribunal on several grounds, inter alia, that the appointment was in violation of Article 27 of the Kenyan Constitution. Article 27 requires the […]
Tatiana Kazim - 15th December 2020
If you are a transgender child living in England and Wales, what treatment can the NHS offer you? Until recently, one of the main options was a prescription of puberty blocking drugs (PBs), available through the Gender Identity Development Service at the Tavistock and Portman NHS Foundation Trust. PBs suspend the maturation of the gonads […]
- 14th December 2020
On 24th November 2020, the Indian State of Uttar Pradesh promulgated a new ordinance which shocked the nation. The Prohibition of Unlawful Conversion of Religion Ordinance, 2020 requires religious conversion to be scrutinised and certified by the State. Conversion to a different faith without the state’s approval would lead to imprisonment and fines. While on […]
Phoebe Woo - 10th December 2020
In the judgment handed down by the Hong Kong Court of Final Appeal (‘CFA’) on 27 November 2020 (Leung Kwok Hung v Commissioner of Correctional Services [2020] HKCFA 37), it was held that the Commissioner of Correctional Service (‘the Commissioner’) has acted discriminatorily against the Applicant by requiring him to have his hair cut while […]
Geoffrey Allsop - 9th December 2020
On 20 November 2020, the South African Constitutional Court delivered judgment in Mahlangu v Minister of Labour (“Mahlangu”). This case concerned the constitutionality of barring private domestic workers (or their dependents) from instituting compensation claims for workplace related injury, disease or death under the Compensation for Occupational Injuries and Diseases Act (“COIDA”). COIDA creates […]
Natalia Brigagao - 13th November 2020
In July 2019, I wrote a blog post introducing the main arguments presented to the Inter-American Court of Human Rights (IACtHR) through an amicus curiae brief. The case concerned Brazil’s neglect to prevent and remedy human rights violations that arose from an explosion at an irregular, high-risk fireworks factory in the city of Santo Antônio […]
Galen Sherwin - 6th November 2020
In 1972, the year I was born, a young law professor became the founding director of the ACLU Women’s Rights Project. Ruth Bader Ginsburg built the groundwork for modern feminist jurisprudence while at the ACLU, bringing a series of cases to the Supreme Court aimed at toppling the numerous overt, sex-based laws and policies that […]
- 9th October 2020
Justice Chandrachud of the Indian Supreme Court, in the landmark Navtej Singh Johar judgment, opined that, “our ability to recognise others who are different is a sign of our own evolution.” The journey of transgender rights in India finds its origin in the landmark judgement of National Legal Services Authority v. Union of India. Whilst […]
Shama Abbasi - 6th September 2020
On 11th of August 2020, a three-judge bench of the Indian apex court decided that its previous interpretation, of the words contained within s.6 of the Hindu Succession Act, was not accurate. Previously, in the case of Prakash v. Phulawati, the Indian Supreme Court had opined that in order for a Hindu woman to access […]
Parkhi Saxena - 1st September 2020
The Supreme Court of India, in a landmark order delivered on 11 August, 2020, cleared all legal cobwebs surrounding equal division of a Hindu ancestral property. Through this judgement, the Court declared that daughters will have inheritance rights equal to that of a son on ancestral properties. Before this, the daughters did not have equal […]
Adity Rahman Shah - 12th August 2020
Being a party to the CEDAW, Bangladesh promises to promote women`s equality in every sphere. But the discriminative approaches to Dowry crime prevention framework in Bangladesh brought by the existing patriarchal justice system is violating women`s right to equality before law under the national and international human rights standards. In Bangladesh, section 2 (j) of […]