Blog

Levenstein: A Case to End Prescription of All Sexual Offences in South Africa

Jesslin Wooliver - 17th December 2017

Widely considered the most progressive constitution in the world, the South African Constitution contains an inclusive and wide reaching Bill of Rights. Amongst these rights, the Bill guarantees every citizen the right to dignity, equality, protection of children, freedom from violence, access to courts, and a fair trial. However, South African law also enforces prescription […]

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The need to consider victim’s voices in the sentencing of offenders: Director of Public Prosecutions v Oscar Leonard Carl Pistorius

Amanda Spies - 14th December 2017

On 24 November 2017, the South African Supreme Court of Appeal (SCA) handed down a unanimous decision increasing the sentence of convicted murderer Oscar Pistorius from six, to fifteen years imprisonment (Director of Public Prosecutions v Oscar Leonard Carl Pistorius (950/2016) [2017] ZASCA 150. Oscar’s case needs little introduction. The famous Paralympian athlete was convicted […]

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Farooqui v State Government of Delhi: Confusing Consent

Severyna Magill - 22nd November 2017

The recent Delhi High Court judgment acquitting Mahmood Farooqui of rape is problematic as it appears to create a new test for  consent  The court held  that a ‘no’, even when articulated, is not enough to demonstrate a lack of consent.  A lack of consent must be expressed in such a way that “the appellant […]

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Child Marriage before the Indian Supreme Court

Disha Chaudhry - 16th November 2017

The Supreme Court of India on 11th October 2017 ruled that sexual intercourse or sexual acts by a man with his minor wife would amount to rape for the purposes of Section 375 of the Indian Penal Code, 1860. The Court has read down Exception 2 to Section 375 which reads “Sexual intercourse or sexual […]

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Tunisia’s Revolutionary Steps: New Law Protecting Women Against Violence

Ranime Djouider - 15th September 2017

July 26th 2017 marked a historic date in Tunisian history, with the passing of a national law against domestic violence, targeting “any physical, moral, sexual or economic aggression” against women.  The law passed with 146 out of 217 votes in parliament. The new law directly targets domestic violence against women, something that has been a […]

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CEDAW Committee General Recommendation on Violence against Women Updated

Kevät Nousiainen - 14th September 2017

In July 2017, the CEDAW Committee released a new General Recommendation (No. 35) on Violence Against Women (VAW), 25 years after the first on the topic, General Recommendation No.19. This represents a step forward in the international legal response to the challenge of widespread VAW.    The 1979 UN Convention on the Elimination of Discrimination […]

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Financial Domestic Violence and the 61st Commission on the Status of Women

Angela Powditch - 5th May 2017

The 61st Commission on the Status of Women (CSW61) concluded 24 March 2017 at the UN’s Head Office in New York. One of the agreed conclusions of this forum on ‘women’s economic empowerment in the changing world of work’ was to strongly condemn gender-based violence (including domestic violence), recognising that such violence can affect the […]

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Domestic Violence and the Regressive Russian Amendment

Surya Rajkumar - 1st May 2017

On the 8th of February 2017, Russian President Vladimir Putin signed into law an amendment that relegated domestic violence, as previously discussed on this blog, to an administrative offence. This post will argue that the new law lacks any persuasive justification and does not comply with Russia’s international human rights obligations. Under the new law, […]

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Emerging concerns for human rights in childbirth: Imposed evidenced-based care as obstetric violence?

Camilla Pickles - 5th April 2017

Pregnancy and childbirth can trigger the violation of a number of rights including bodily and psychological integrity, equality, dignity, and privacy. This concern is particularly relevant when women are funnelled into facility-based obstetric care which is over-medicalised; not women-centred; and marred by paternalism, and harmful and discriminatory gender stereotypes. In some facilities, ‘care’ is coercive […]

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