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The Unconstitutionality of the “Publication of Notice of Intended Marriage” clause under the Indian Special Marriage Act

Ayush Mishra - 14th September 2020

Equality and Non-Discrimination| Freedom of Expression| Relationship Rights| Right to Privacy

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 […]

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OxHRH

Human Rights Day 2019: Honouring Youth and Protecting Their Rights

Lucinda O'Hanlon - 10th December 2019

Relationship Rights

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 […]

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A Human Right to Divorce?

Charlotte Kelly - 3rd September 2018

Relationship Rights

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 […]

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OxHRH

Steinfeld v Secretary of State for Education: Court of Appeal has Granted Leave to Appeal

Karl Laird - 18th June 2016

Relationship Rights

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 […]

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China’s Two-Child Policy: An Assault on Human Rights

Stephanie Tai - 19th January 2016

Relationship Rights

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 […]

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OxHRH

Regulating Assisted Reproductive Technologies in India

Nehaa Chaudhari - 12th November 2015

Relationship Rights

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. […]

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OxHRH

Recent Developments in the UN Human Rights Council: Traditional Values and Women’s Right to Equality in the Family

Frances Raday - 2nd September 2015

Relationship Rights

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 […]

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Constitutional Reasoning About Same-Sex Marriage

Nicholas Bamforth - 23rd July 2015

Relationship Rights

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 […]

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OxHRH

Single Mothers, Absent Fathers and the Best Interests of the Child: Drawing a Fine Balance in the ABC Case

Sidharth Luthra and Viraj Gandhi - 16th July 2015

Relationship Rights

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 […]

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Grand Chamber of the ECtHR to Review Limitations on Choice of Birthplace for Women

Barbara Havelkova and Yulia Ioffe - 10th July 2015

Relationship Rights

Dubská and Krejzová v the Czech Republic has been referred to the Grand Chamber of the European Court of Human Rights after the successful submission of the League of Human Rights supported by Oxford Pro Bono Publico. The right of women to choose the birthplace of their children has again come under the spotlight of […]

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Will Obergefell Stifle Growing Support for LGBTQ Rights?

Daniel J Hoppe and Matthew Tyler - 7th July 2015

Relationship Rights

In his recent post The Beginning Rather Than The End, Karl Laird discusses the potential policy backlash that may result from the recent Obergefell decision. In analyzing Obergefell, however, it is important to also consider whether or not the Court, in rendering this decision, actually damaged the dramatic progress that same sex couples have been making in societal attitudes. There is no doubt that the Court had a legal right to render a […]

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