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Barbara Havelková & Terezie Boková - 29th January 2021
The recent decision of the Czech Constitutional Court (‘CCC’), Pl. ÚS 6/20, against allowing recognition of foreign adoption decisions in Czechia is harmful in outcome and evasive and formalistic in its reasoning. The case was brought by a same-sex couple who are civil partners and adoptive parents to two children under the law of New […]
Christy Yeung - 9th October 2020
In recent years, the Hong Kong courts have recognised the equality rights of various same-sex couples in a number of cases. On 18 September 2020, the Hong Kong High Court handed down two much-awaited judgments regarding Hong Kong’s laws affecting same-sex married couples. The judgments of Ng Hon Lam Edgar v Secretary for Justice and […]
Ayush Mishra - 14th September 2020
The Special Marriage Act was enacted in 1954 to allow citizens of India to solemnize inter-faith and inter-caste marriages without the need to renounce their religion. The Supreme Court of India, however, has recently accepted a petition challenging the constitutionality of Section 6 of the act that mandates the Marriage Officer to publish the notice […]
Lucinda O'Hanlon - 10th December 2019
On 10 December 2019, we commemorate Human Rights Day, 71 years after the adoption of the Universal Declaration of Human Rights. This year also marks the twenty-fifth anniversary of the International Conference on Population and Development (ICPD), a watershed moment recognizing the intersection of human rights, sexual and reproductive health, and gender equality. The statement […]
Charlotte Kelly - 3rd September 2018
The case of Owens v Owens rocked the legal world in late July, when the Supreme Court decided that Tini Owens could not divorce her husband, despite the court recognising that this could leave her “trapped in an unhappy marriage.” Her husband, Hugh John Owens, had sought to defend against Mrs Owens’ petition for divorce […]
Fraciah Muringi - 12th December 2016
The High Court of Kenya in A.M.N & 2 others v The Attorney General & 5 others was faced with the issue of how surrogacy agreements ought to be enforced. Since there was no law governing surrogacy in Kenya, the Court had recourse to the United Kingdom’s (UK) position. In this petition, the parentage of […]
Karl Laird - 18th June 2016
It has recently been announced that the challenge to the prohibition on opposite sex couples entering into civil partnerships in England and Wales is due to be heard by the Court of Appeal in November 2016. This announcement provides an opportunity to consider what was decided in High Court. The Marriage (Same Sex Couples) Act […]
Stephanie Tai - 19th January 2016
At the end of October 2015, the Chinese government announced that it would end its one-child policy by replacing it with the two-child policy. China’s two-child policy is a false triumph for human rights. Whilst some have greeted this as a step in the right direction, the mere existence of a policy controlling the number […]
Nehaa Chaudhari - 12th November 2015
India’s reported decision to ban surrogacy for foreigners has received plenty of news coverage and analysis in Indian and international media over the past week. This post is a comment on the related legislative developments around assisted reproductive technologies in India. Largely unregulated, the Assisted Reproductive Technologies (ARTs) industry is of significant value in India. […]
Frances Raday - 2nd September 2015
In recent years at the United Nation’s Human Right’s Council (UNHRC) an ideological challenge has been directed against the universality of international human rights by a strong religious lobby. Religions themselves have, in the human rights era, self-identified as the core of resistance to universal human rights and, in particular, to women’s right to equality […]
Nicholas Bamforth - 23rd July 2015
By including same-sex couples within the constitutional right to marry, the decision of the U.S. Supreme Court in Obergefell v. Hodges (26th June 2015) is of great practical significance. It also offers broader food for thought for human rights lawyers, both about constitutional decision-making in the United States and from a comparative perspective. Three points […]
Sidharth Luthra and Viraj Gandhi - 16th July 2015
India is a country where religious rights of different communities are constitutionally protected. However adoption is legally permitted only for the Hindu community. Such adoptions are regulated by the Hindu Adoption and Maintenance Act, 1956. For persons of other religions and foreigners, the Guardian and Wards Act, 1890 [“GAWA”] permits appointment of a Guardian for […]