Blog

Book Review: Laurie Ackermann, Human Dignity: Lodestar for Equality in South Africa (Cape Town: Juta and Co., 2012)

Chris McConnachie - 13th December 2012

Laurie Ackermann   “Human Dignity: Lodestar for Equality in South Africa” (Cape Town: Juta and Co., 2012) This book, by a retired Justice of the first South African Constitutional Court, provides an in-depth analysis of human dignity and its relationship to equality in South African law.  While concentrating on the South African law, it is also […]

Read full article »

Parents’ sexual orientation and children rights– coming out in Chile and the ICHR: Atala Riffo v Chile

Nicolás Espejo-Yaksic - 11th December 2012

Atala Riffo e hijas vs. Chile, a case in which the Inter-American Court of Human Rights (ICHR) condemned the stigmatisation and stereotyping of homosexual parents, is one of two landmark decisions by the court this year concerning children’s rights and family life under the American Convention on Human Rights (ACHR).   Ms Atala’s decision to […]

Read full article »

Parents' sexual orientation and children rights– coming out in Chile and the ICHR: Atala Riffo v Chile

admin - 11th December 2012

Atala Riffo e hijas vs. Chile, a case in which the Inter-American Court of Human Rights (ICHR) condemned the stigmatisation and stereotyping of homosexual parents, is one of two landmark decisions by the court this year concerning children’s rights and family life under the American Convention on Human Rights (ACHR).   Ms Atala’s decision to […]

Read full article »

Identifying forced labour

Guest Contributor - 10th December 2012

Following her recent post on the OxHRH Blog,  Gwendolen Morgan returns with a post highlighting the issue of modern day slavery, and the need for the rights of those subject to forced labour, slavery and servitude to be vindicated through law. By Gwendolen Morgan Regrettably, the Council of Europe’s Parliamentary Assembly Recommendation remains as relevant now as […]

Read full article »

Class actions for South Africa: Children’s Resource Centre Trust v Pioneer Food

Ingrid Cloete - 10th December 2012

Although the South African Constitution makes provision for class actions, the requirements for instituting a class action and the relevant procedures had not been authoritatively determined, until a landmark judgment delivered two weeks ago. Ingrid Cloete explains Oxford Pro Bono Publico’s role in bringing about this important development of the law. On 29 November 2012, the […]

Read full article »

Access to Justice for Self-Represented Litigants?

Natasha Holcroft-Emmess - 8th December 2012

Robin Knowles CBE QC and Natasha Holcroft-Emmess add to the voices on the OxHRH Blog warning of the threat to justice posed by impending budget cuts, particularly to self-represented litigants. On Friday 30th of November 2012, the UK Civil Justice Council (CJC) conducted a national forum to consider how to safeguard access to justice for the […]

Read full article »

‘He Believed in People’: Remembering Arthur Chaskalson

Guest Contributor - 7th December 2012

by Geoff Budlender Arthur Chaskalson, former Chief Justice of South Africa and a champion of human rights, passed away at the weekend. Geoff Budlender delivered the eulogy at his funeral this week.  This is an edited version of the text, which is available in full here. Arthur’s first career was as a practising advocate at […]

Read full article »

Dismissal and the Band of Reasonable Responses; an unconventional approach to Convention rights?

Guest Contributor - 4th December 2012

By Heather Williams QC The Court of Appeal recently decided in Turner v East Midlands Trains Ltd [2012] EWCA Civ 1470 that the band of reasonable responses test (“BORR”), applied by Employment Tribunals to determine whether a dismissal is fair or unfair for the purposes of section 98(4) Employment Rights Act 1996, meets the standards […]

Read full article »

US Decision Widens Suspect Class to Afford Protection to Same-Sex Couples

Karl Laird - 3rd December 2012

By Karl Laird In an important judgment, Windsor v United States the Court of Appeals for the Second Circuit considered whether section 3 of the Defence of Marriage Act 1996 (‘DOMA’) violates the Fifth Amendment’s guarantee of equal protection.  Section 3 of DOMA states: “[i]n determining the meaning of any Act of Congress, or of any […]

Read full article »