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OxHRH

Protecting Abortion, Respecting Disability: Moving Beyond “Fetal Impairment” Grounds in the Treaty Bodies

- 29th July 2020

Gender Equality

In June 2020, the Supreme Court of the United States narrowly maintained that states could not unduly burden women’s access to abortion. The case in question, June Medical Services v. Russo, re-kindled the United States’ ever-fraught debate on whether the Constitution protects a woman’s right to choose. The renewed debate re-launched discussions on another human […]

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Hungary Passes Law Ending Legal Recognition of Transgender People

Paras Ahuja and Rahul Garg - 25th June 2020

Equality and Non-Discrimination| Gender Equality

On 19 May 2020, the Parliament of Hungary passed the controversial T/9934-Amendment Bill [“Amendment”], amending Act I of 2010, Civil Registration Procedure [“Act”]. The Act lays down the procedure for national registration and certification of births, deaths and marriages based on one’s gender. Article 44(3) of the Act requires registration of names based on one’s […]

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OxHRH

The Impacts of COVID-19 on Access to Abortion

- 23rd June 2020

Gender Equality

The implications of the COVID-19 pandemic for sexual and reproductive rights (SRR) protection are becoming increasingly apparent, with state lockdowns and the re-routing of resources leaving many without access to sexual and reproductive healthcare (SRH). In a joint statement, the International Planned Parenthood Federation and the European Parliamentary Forum for SRR expressed concerns over the […]

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OxHRH

Pre-Menstrual Syndrome Induced Insanity – A Double-Edged Sword

Madhulika T - 23rd June 2020

Gender Based Violence| Gender Equality

In a judgment with wide-ranging consequences, the Rajasthan High Court (“High Court”) in India has accepted the defence of Pre-Menstrual Syndrome (“PMS”) induced insanity into the criminal jurisprudence of India. At face value, it could be argued that this is a progressive development in the law. However, a close inspection of the judgement and the evidence […]

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OxHRH

Abortion Law Reform in India: One Step Forward & Two Steps Back

Shivani Vij - 27th April 2020

Gender Equality

In an important development, the Lower House of the Indian Parliament on 17 March 2020 passed the Medical Termination of Pregnancy (Amendment) Bill 2020, providing for purportedly beneficial provisions furthering a woman’s right to abort. After seeking majority votes in the Upper House and the President’s assent, the Bill will become law. Though intended to […]

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OxHRH

India’s new Abortion Bill Falls Short of Protecting Reproductive Autonomy

Adyasha Samal - 22nd April 2020

Gender Equality

India’s Ministry of Health and Family Welfare has introduced the Medical Termination of Pregnancy (Amendment) Bill 2020 (the Bill) in the Parliament. The Bill seeks to make abortions more accessible by increasing gestational limits, introducing a privacy clause, and allowing single women to abort due to contraceptive failure. This comes in the backdrop of multiple […]

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OxHRH

Does State laicity in Québec breach gender equality?

Émilie Coralie Bouchard - 16th April 2020

Equality and Non-Discrimination| Gender Equality| Religion

The ongoing debate on State laicity in Québec recently took a new twist before the courts. Shortly after the enactment of the new Act respecting the laicity of the State, judicial proceedings were commenced, challenging the prohibition on wearing religious symbols while exercising certain public functions (section 6), and the obligation to have one’s face […]

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OxHRH

‘But a Small Price to Pay’ – Degradation of Rights in Childbirth During COVID-19

Daniela Drandic and Fleurvan Leeuwen - 8th April 2020

Gender Equality

‘No visitors. Induced labor. Converted delivery wards. Tens of thousands of women across the country are giving birth in unprecedented circumstances.’ Maternal healthcare is changing around the world in response to COVID-19. Many of these measures intended to curb the pandemic are at tension with a range of women’s rights in childbirth and deserve close […]

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OxHRH

New Zealand’s Abortion Law Reform

Stephanie Slader and Kelle Howson - 5th April 2020

Gender Equality

During the 2017 New Zealand election campaign, Labour leader Jacinda Ardern pledged to decriminalise abortion if elected. This was the first time in decades abortion reform seemed to be politically in play, giving reproductive rights advocates renewed cause for hope. Last month, Ardern – now our Prime Minister – cast her vote as New Zealand’s […]

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OxHRH

Gender Parity in the Chilean Constitutional Convention: What Does it Mean for Chilean Democracy?

Javiera Arce-Riffo - 4th April 2020

Constitutions Institutions and Nation Building| Gender Equality

Recently, on March 4, 2020, the two chambers of the Chilean Congress approved gender parity for the election of the Constitutional Convention that will shape the new Chilean Constitution. What is the importance of this? Why did Chilean women fight to obtain gender parity? Since October 18, 2019, Chile has been traversing the most important […]

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OxHRH

The Rebirth of the Abortion Debate in Colombia

Monica Arango Olaya - 3rd April 2020

Gender Equality

Early this March, the Colombian Constitutional Court, in a divided opinion (6-3), rejected on grounds of admissibility, a challenge to the Penal Code section that criminalizes abortion (subject to three exceptions). The petition intended to re-open a debate that apparently had been settled with Decision C-355 of 2006, when the Court had reviewed the same […]

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OxHRH

Indian Supreme Court Holds For Gender Equality in the Army

Vatsal Patel - 1st April 2020

Gender Equality

On 17th February, 2020, the Supreme Court of India (“SC”), in the case of The Secretary, Ministry of Defence v. Babita Puniya, delivered a landmark opinion, allowing Female Army Officers (FAOs) to have equal entitlement as Male Army Officers (MAOs), in terms of exercising the option to avail a Permanent Commission (“PC”) in the Army. […]

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