Blog

Human Rights, Criminal Law, and Rural and Native Communities in Peru

Enlil Iván Herrera Pérez - 16th November 2018

Recently, the Constitutional Court of Peru issued a judgment in the case 7009-2013-PHC/TC, concerning a writ of habeas corpus in favor of two members of the Tres Islas Native Community, who were being prosecuted for the crime of rape against underage victims, contrary to the Criminal Code which punishes as rape any sexual relations with […]

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ECOWAS Court Rules that use of Military Tribunals to Prosecute Civilians in Nigeria Violates Right to Fair Trial

Tetevi Davi - 15th November 2018

On 29 June 2018 the Court of Justice for the Economic Community of West African States (‘ECOWAS Court’) handed down its judgment in the case of Gabriel Inyang & another v Federal Republic of Nigeria . This decision has placed clear constraints on the use of military tribunals by states to prosecute civilians for non-military offences. […]

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‘The Family and Diabetes’ in the EU: Taking the Bitter with the Sweet

Marie Spinoy - 14th November 2018

This year’s World Diabetes Day focuses on ‘the family and diabetes’. Family members play a vital role in diabetes care, especially parents caring for children too young to understand the disease. Parents may need to monitor their child’s sugar levels throughout the night or will need to be continuously available when the child is at […]

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LBGT+ Rights in India

Schona Jolly QC and Nathan Roberts - 10th November 2018

This blog is the third in a series that takes a snapshot of where LGBT+ rights are in 2018, as a result of some recent significant decisions across the Americas, Europe and India, and considers the portents for change in light of them. In previous blogs post, we considered the position in the Americas in […]

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IPCC Special Report and Human Rights

Alex May - 9th November 2018

The Intergovernmental Panel on Climate Change (‘IPCC’) recently released its Special Report on the Impacts of Global Warming above 1.5 oC. (Monday 8thOctober 2018). A human rights perspective is useful for understanding what this means and has legal potential for forcing states to take action. The Report The IPCC was asked by the 2015 Paris […]

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State of Palestine takes United States to International Court of Justice over Jerusalem Embassy

Loureen Sayej - 8th November 2018

In its consistent diplomatic and legal attempts to salvage the two-State solution based on international law, the State of Palestine instituted a case against the United States of America before the International Court of Justice (ICJ). Followed by the Convention on the Elimination of All Forms of Racial Discrimination inter-state complaint and the International Criminal […]

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González Carreño v. Spain: What can be Expected from the Spanish Supreme Court’s Ruling?

Parimal Kashyap - 7th November 2018

In what has been earmarked as a ‘revolutionary’ judgment in the field of international human rights law, the Spanish Supreme Court has ruled that views expressed by UN Human Rights Treaty Bodies (‘the Views’) are, in fact, legally binding on Spain. The judgment is extraordinary as it is a well-accepted position in international human rights law that decisions […]

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Austerity Policies in the UK an Impermissible Retrogressive Measure

Meghan Campbell and Ben Warwick - 6th November 2018

Under the umbrella of austerity, the UK has pursued a punishing regime of cuts to social welfare benefits and public services. This week the UN Special Rapporteur on extreme poverty and human rights is visiting the UK to assess how these cuts are impacting the human rights of millions of Britons. In this blog, we […]

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Australia to Transfer Asylum Seeker and Refugee Children from Nauru to Australia

Emilie McDonnell - 4th November 2018

The Australian government has confirmed plans to transfer all asylum seeker and refugee children from Nauru to Australia by Christmas. This news comes after mounting pressure from the public, medical and legal organisations, human rights and refugee advocate groups, thousands of doctors, as well as from within the government’s own party, calling on the government […]

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Aadhaar Verdict: A Middle Path

Nidhi Singh and Kushagra Mishra - 1st November 2018

The Supreme Court of India has emerged as a strong force in safeguarding the Constitutional values, and has had a memorable term of landmark verdicts, dealing with questions that relate to privacy, individual liberty and sexual freedom, to name a few. The Supreme Court in mid-2017 took the issue of ‘citizen’s privacy’, as discussed here. […]

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Ireland Votes to Remove Blasphemy Offence from Constitution

Alastair Richardson - 29th October 2018

The 37th Amendment of the Constitution of Ireland was passed by referendum on Friday, removing the word ‘blasphemous’ from Article 40.6.1i. In Article 40.6.1, the State guarantees “subject to public order and morality,” the “right of the citizens to express freely their convictions and opinions.” The Article added, however, that “the publication or utterance of […]

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