“A New Form of Discrimination”: Civil Partnerships for Different-Sex Couples in the UK Supreme Court

Marlena Valles - 2nd July 2018

Civil partnerships were introduced by the New Labour government in the UK in 2005 to give same-sex couples many of the protections and rights afforded to married couples without actually extending the right to marry. In 2014 same-sex couples were granted the right to marry but the civil partnership status was not revoked. This created […]

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New Legislation Promoting the Right to Health in Karnataka, India

Jehosh Paul - 29th June 2018

After a long standoff between private doctors and the Government of Karnataka, India, The Karnataka Medical Establishment (Amendment) Bill, 2017 was passed to amend The Karnataka Medical Establishment Act, 2007 which had failed to secure the right to healthcare. The private healthcare sector in Karnataka lacked any regulation to ensure the minimum standards required of […]

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Why There is No Right of Return

Alon Harel - 28th June 2018

Previously, on this blog, Ms. Loureen Sayej wrote an interesting article entitled Palestinian Refugees and the Right of Return in International Law, arguing in favor of a right of return of Palestinians. I am of the view that this approach is misguided. In this post I will make two arguments. First I will argue that […]

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Adrian Coman v. Romania: A Small Victory with Wasted Potential

Daron Tan - 19th June 2018

On 5 June 2018, the CJEU released its much-anticipated judgment on Adrian Coman and Others v. Romania. This followed from Advocate General Wathelet’s Opinion on 11 January 2018. In the EU, Directive 2004/38 grants the “spouse” of a EU citizen an automatic right to residence. In Coman, the ECJ was faced with the question of […]

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The EU Withdrawal Bill in the Commons: Parliament surrendering control?

Sionaidh Douglas Scott - 18th June 2018

Last week, the EU Withdrawal Bill returned to the Commons, so MPs could scrutinise and vote on amendments made to it by the House of Lords. The Bill survived its passage in the House of Commons last year relatively intact, with only one amendment carried against the Government. Things were different, however, in the Lords, […]

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Landmark Judgment for Women’s Rights

David Russell - 14th June 2018

The Supreme Court of the United Kingdom concluded on the 7th June 2018 that Northern Ireland’s laws on termination of pregnancy are incompatible with human rights. More specifically, in situations of rape, incest and fatal foetal abnormality a majority of the judges concluded that the law breaches the right to private life protected by article […]

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(No) Freedom of Speech at Universities?

Ewelina U. Ochab - 13th June 2018

Universities are meant to be places where freedom of speech flourishes. The issue of free speech in universities in the UK has been recently examined by the Joint Committee on Human Rights (the Committee), a parliamentary committee consisting of representatives of both Houses of the Parliament. The Committee considered the challenges encountered by students, lecturers […]

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Proposals to End Free Travel for Most Post-16 Special Educational Needs and Disability students in Oxfordshire Limits Right to Education  

Marie Tidball - 12th June 2018

On 19th June, Oxfordshire County Council will decide whether to end free travel for most Post-16 Special Educational Needs and Disability (SEND) students, as proposed in its Home to School Travel Consultation. If passed, the County’s proposals will make consistent school attendance for SEND young people more difficult and reduce their independence. In BBC coverage […]

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The Sexist Intestacy Laws Governing Hindu Women In India: Grounds for a successful constitutional challenge?

Meera Manoj - 11th June 2018

The vast Hindu population of India of 95 million is subject to sexist and unconstitutional inheritance norms under the Hindu Succession Act of 1956. Several of its provisions are vulnerable to constitutional challenge under Article 15 of the Indian Constitution which prohibits discrimination on grounds of sex. The test here, is whether discrimination is solely based […]

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Masterpiece Cakeshop and Discriminatory Intent

Luke A. Boso - 8th June 2018

On July 19, 2012, Charlie Craig and David Mullins visited Masterpiece Cakeshop in suburban Colorado, asking the owner, Jack Phillips, to design and create a cake for their upcoming wedding. Phillips refused because he is religiously opposed to same-sex marriage. Craig and Mullins filed a discrimination charge with the Colorado Civil Rights Division, alleging sexual-orientation […]

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