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Cono Giardullo - 15th November 2019
The issue of ‘contested territories’ has become one of the main bones of contention with regard to how the human rights legal framework addresses the violation of human rights extraterritorially. Notably in the European region, case law related to similar entities such as the Turkish Republic of Northern Cyprus, Nagorno-Karabakh, South Ossetia, Abkhazia, Transdniestria, and […]
Naz Khan - 15th November 2019
In 2003 and 2008, the U.N. Security Council (UNSC) requested the U.N. Secretary-General to investigate reports of gross violations of humanitarian and human rights laws in the Darfur region of Sudan. The International Commission established that the Sudanese government, along with the Rapid Support Forces (Janjaweed militias), carried out attacks on civilians including mass rapes, […]
Eva Rom - 14th November 2019
For the past few months, continental Europe has become increasingly aware of the intricacies surrounding Northern Ireland’s past. Yet, the perspective of the outsider, shaped by the Brexit negotiations, seems to only concentrate on the by now significantly softened Backstop. This post wants to draw attention to the wider debate taking place in the United […]
Alix Schulz - 9th November 2019
Two recent decisions by the German Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) shed new light on the horizontal effects of the constitutional right to equality in private law relationships. The Court identified specific circumstances under which the equality guarantee of the German Basic Law (Grundgesetz – GG) will take effect between private actors. The Court […]
Daniela Nadj - 6th November 2019
Considered one of the worst man-made disasters in post-World War II Britain, the Grenfell Tower fire of June 14th, 2017 is a breach of the right to life, an assault on human dignity and a manifestation of stark inequality in the UK. The fire was a foreseeable consequence of collective political inaction to regulate health […]
Fairuz Mullagee - 5th November 2019
In a recent South African High Court judgement, the court held the failure to cover domestic workers under Compensation for Occupational Injuries and Diseases Act (COIDA) to be unconstitutional. This finding could be a springboard for extending protection for occupational injuries to all precarious workers, including platform workers. Section 23 of the South African Constitution […]
Jade Weiner - 5th November 2019
On the 18th of September 2019, Chief Justice Mogoeng handed down a unanimous judgment declaring the common law defence of moderate and reasonable chastisement constitutionally invalid. Freedom of Religion SA (FoR SA) argued that parents should be able to use physical force upon a child as a means of corrective educational discipline. The state should […]
Elizabeth S. Bates, Noelle Quenivet and Stuart Wallace - 4th November 2019
In July 2019, the UK Ministry of Defence (MOD) made a series of proposals on Legal Protections for Armed Forces Personnel and Veterans serving in operations outside the United Kingdom, and invited responses to a public consultation. On 1 October 2019, Dr. Stuart Wallace, Dr. Elizabeth Stubbins Bates and Dr. Noelle Quenivet published their response to the […]
Martin Kwan - 1st November 2019
Doxxing refers to the act of researching one’s private information (e.g. home address) and then exposing it publicly (usually by posting it on the internet). It is a form of cyber-harassment. In Hong Kong, given the recent political upheaval, the police are on bad terms with some citizens. There is distrust and dislike between them. […]
Cormac Devlin - 1st November 2019
The UK Supreme Court’s judgment in Gilham demonstrates how human rights can be used to widen the class of individuals who benefit from employment rights (the “personal scope” of the rights). Further, the court’s reasoning evidences a shift away from contractual thinking in labour law. In a recent UK Supreme Court case, Gilham v MoJ, […]
Joseph Johnson - 25th October 2019
On 1 July 2019, the ‘Anti-False Content Bill’ was introduced in the Senate of the Philippines, seeking to ‘protect the public from the deleterious effects of false and deceiving content online’ and following in the footsteps of the Malaysian Parliament. Whilst the aim is prima facie defensible, the ‘Punishable Acts’ established by the Bill make […]
Jamie McLoughlin - 18th October 2019
Recently, the Irish High Court handed down judgment in the case of Friends of the Irish Environment v The Government of Ireland and Others or ‘Climate Case Ireland’. The case involved a challenge brought via judicial review proceedings, by Friends of the Irish Environment, an environmental NGO, against the ‘National Mitigation Plan’ adopted by the […]