Blog

LBGT+ Rights in The EU

Schona Jolly QC and Nathan Roberts - 28th October 2018

This blog is the second 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 a previous blog post, we considered the position in the Americas. […]

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Mind the Gap: the Privacy Void in Brazilian’s Public Transport

Mariana Canto - 26th October 2018

In April 2018, the agreement entered into between ADMobilize and ViaQuatro, the administrator of the yellow line of the São Paulo subway, enabled the use of a technology to collect data related to the facial expressions of public transport users. Almost four months later, on August 30, 2018, an action was filed by the Brazilian […]

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The Ogiek Evictions in Kenya – a failed legal solution

Christine Kahura - 25th October 2018

The Mau Forest is one of Kenya’s forest reserves, gazetted in 1954 to protect it from deforestation. In 2001, the government carried out an excision of the Eastern Mau region which constitutes 25% of the forest with a view to establishing a settlement scheme understood to be for the Ogiek community. The Marishioni location, Elburgon […]

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Indian Supreme Court Decriminalises Adultery: A Step Closer to Criminalising Marital Rape

Kali Srikari Kancherla and Shreyasi Tripathi - 25th October 2018

In the landmark decision in Joseph Shine v Union of India on 27 September 2018, the Indian Supreme Court unanimously struck down a 150-year old penal provision criminalising adultery as unconstitutional. Section 497 of Indian Penal Code 1860 criminalises a man having consensual sexual intercourse with a married woman without the consent of her husband. The Court […]

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Let’s call ‘conscientious objection’ by its name: Obstruction of access to care and abortion in South Africa

Satang Nabaneh Marion Stevens and Lucia Berro Pizzarossa - 24th October 2018

South Africa has one of the most liberal laws on abortion and constitutionally recognizes reproductive rights as human rights. However, data shows important difficulties translating the legal norms into effective access to services. One of the key challenges is physicians’ refusal to perform abortions invoking an “ad hoc, unregulated and at times incorrect” conscientious objection. […]

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The Belgian Burkini Ban, Dead in the Water?

Marie Spinoy - 24th October 2018

On the 5th of July, the Ghent court of first instance held a ban on burkinis in two public swimming pools to constitute discrimination. In both these cases Muslim women were denied access to swimming pools while wearing a ‘burkini’. Such swimsuits usually cover the whole body, except for the face, hands and feet. The regulations […]

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A Timely Intervention: Dutch Court declares that the State has Positive Duties under the European Convention on Human Rights to tackle Climate Change

Jamie McLoughlin - 23rd October 2018

The Court of Appeal in the Netherlands has just issued a landmark judgment concerning environmental human rights and climate change. It has found the Dutch State to be in breach of its positive obligations under Articles 2 and 8 of the ECHR by failing to adopt a more ambitious plan to reduce greenhouse gas emissions. The judgment […]

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Discrimination in the Age of Artificial Intelligence

Arindrajit Basu - 23rd October 2018

The dawn of Artificial Intelligence (AI) has been celebrated by both government and industry across the globe. AI offers the potential to augment many existing bureaucratic processes and improve human capacity, if implemented in accordance with principles of the rule of law and international human rights norms. Unfortunately, AI-powered solutions have often been implemented in […]

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Lessons for the Future: the Australian Royal Commission into Institutional Childhood Abuse

Liz Curran - 22nd October 2018

Australia’s inquiry into childhood institutional abuse has lessons for other jurisdictions, especially the UK. International human rights provisions for children in institutional care include Article 13 of the Convention on the Rights or the Child (CROC) (1989), alongside protections for children with a disability (CROC Article 23), children in the care and protection system (CROC […]

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2018: A year of international judicial progress in LBGT+ rights

Schona Jolly QC and Nathan Roberts - 21st October 2018

2018 has seen a flurry of activity in the advancement and development of LGBT+ rights in the international sphere. An exhaustive review of international LGBT+ rights would be beyond the scope of any single piece: the international landscape is far from homogenous; different countries and regions operate with different legal and social starting points. This […]

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Indian Gay Rights Case opens gateways for Article 15 and Intersectionality

Aradhana Cherupara Vadekkethil - 19th October 2018

In a landmark judgment on 6th September, 2018, a five judge constitution bench of the Supreme Court of India in Navtej Johar v Union of India decriminalised same-sex relations. In a unanimous verdict, the Supreme Court held that Section 377 of the Indian Penal Code, in so far as it criminalises consensual sexual conduct between […]

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