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Anne Marie Lofaso - 24th September 2018
Anthony McLeod Kennedy, born on January 23, 1936, to Irish Catholic parents, announced his retirement on June 27, 2018, after thirty years on the United States Supreme Court. Known as the “swing vote” after Justice Sandra Day O’Connor retired in 2006, Justice Kennedy’s retirement twelve years later, while not unexpected, has created political division in […]
Joris Bertrand - 19th September 2018
On 25 July 2018 the Grand Chamber of the Court of Justice of the European Union (“CJEU”) ruled in Minister for Justice and Equality v LM that a judicial authority called upon to execute a European arrest warrant (“EAW”) must refrain from giving effect to it if it considers that there is a real risk […]
Elena Brodeala - 18th September 2018
The Romanian Senate and the Constitutional Court gave the green light to a referendum on “the traditional family”. The referendum should take place on October 7, 2018. If it passes, the Romanian Constitution will define family as being based on the marriage between a man and a woman. This constitutional amendment is meant to limit […]
Esteban Russell and Leornado Orlanski - 13th September 2018
Last year, a local court of Buenos Aires ordered the blockage of Uber’s app and website nationwide in Argentina. The decision stated that Uber had to be blocked (and banned) since its drivers occupied public spaces to engage in commercial activity, and that was a misdemeanor. On June 18 this year, the decision was overturned […]
Loureen Sayej - 12th September 2018
In April 2018, the State of Palestine filed an interstate complaint against Israel with the Committee on the Elimination of Racial Discrimination (CERD) in an effort “to protect its citizens from discrimination and other practices and policies that violate CERD obligations.” Setting a precedent, the State of Palestine’s communication is the first of its kind. […]
David Hofisi - 11th September 2018
On 5 September 2018, renowned scholar Alex Magaisa published a piece on the standard of proof in Zimbabwe’s presidential petition. He argued that the ruling of the Constitutional Court led to uncertainty regarding the standard of proof to void elections in Zimbabwe. This response investigates the extent to which such uncertainty exists. On 24 August […]
Maja Davidovic - 10th September 2018
On March 26, 2013, the European Court of Human Rights (ECHR) in Strasbourg declared that Serbia must provide a mechanism for individual redress to thousands of parents whose newborn babies went missing from maternity wards in the preceding decades. How was that to be done? Preferably through a lex specialis, per the Serbian Ombudsman’s recommendations from 2010, the Court stated: a new, special law that would target this […]
Gautam Bhatia - 6th September 2018
In a landmark judgment delivered today, the Supreme Court of India decriminalized same-sex relations, and affirmed that the LGBT+ community was entitled to equal rights under the Indian Constitution. The case – Navtej Johar v Union of India – involved a constitutional challenge to Section 377 of the Indian Penal Code (1860), which criminalized “carnal intercourse […]
Alexandra Tompson - 6th September 2018
India is suffering from a supposedly ancient yet timely problem. In violation of the law and Constitution, India’s girls are vanishing. It has been reported by government officials that more than 63 million women are missing across India, and more than 21 million girls are unwanted by their families. As per the Ministry of Health’s […]
Michael Ford - 5th September 2018
The power to make caste discrimination an aspect of race discrimination, originally contained in s.9(5) of the Equality Act 2010 (EqA), was one of the few substantive supplements to the predecessor discrimination legislation. In 2013 it was transformed into a duty, as I outlined in an earlier blog post. Now, following the judgment of the […]
Alex T. Magaisa - 5th September 2018
The Constitutional Court of Zimbabwe (the Court) last week upheld the election of Emmerson Mnangagwa as the duly elected president of Zimbabwe. The decision came after a legal challenge by Nelson Chamisa of the MDC Alliance. I focus here on the crucial issue of the standard of proof in election challenges. The main parties were […]
Sue Bright - 4th September 2018
A number of key human rights issue arise following the Grenfell Tower Tragedy in which 72 people died, and many more were displaced. In December 2017 the Equality and Human Rights Commission launched a project, ‘Following Grenfell: The Human Rights and Equality Dimension’, exploring the role that the Grenfell Inquiry plays in discharging the UK’s […]