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Promoting dialogue between human rights researchers, practitioners and policy-makers from around the world.

Original contributions on recent human rights law developments across the globe, including case law, current litigation, legislation, policy-making and activism are welcome.

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The French Council of State on the Burkini – Part 2: Upholding Religious Freedom

Rim-Sarah Alouane 18th October 2016

In its ordinance of 26 August 2016 entitled Ligue des droits de l’homme et autres the Council of State — France’s highest administrative court —declared that the order of the mayor of Villeneuve-Loubet to ban burkinis had “seriously infringed, in a manner that was clearly illegal, fundamental liberties such as … religious freedom and individual freedom”. In […]

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Joint Committee on Human Rights Calls on UK Government to Justify ‘Presumption to Derogate’

Natasha Holcroft-Emmess 14th October 2016

The UK Parliament’s Joint Committee on Human Rights (JCHR) has written to the Secretary of State for Defence, Michael Fallon, requesting details about the Government’s proposal to derogate from the European Convention on Human Rights (ECHR) in future armed conflicts. The proposal for a ‘presumption to derogate’ from the ECHR was announced on 4 October […]

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The French Council of State on the Burkini – Part 1: “Reflections on Public Order”

Rim-Sarah Alouane 12th October 2016

On 26 August 2016, in an ordinance titled “Ligue des droits de l’homme et autres – association de défense des droits de l’homme collectif contre l’islamophobie en France”, the Council of State — France’s highest administrative court — declared a ban on burkinis enacted by the mayor of Villeneuve-Loubet illegal. The grounds for this finding were that an alleged […]

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EUNAVFOR Med: A Military Operation on Shifty Waters

Purvi Khanna 12th October 2016

EUNAVFOR Med (referred to in this post as the “Operation”) was commissioned by the European Council on 18th May, 2015 to address the immediate concern of migrant deaths occasioned by excursions over choppy Mediterranean waters with the aim of “disrupt[ing] the business model of smugglers” in the region. On 9th October, the Security Council, invoking […]

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Triggering Article 50: R (Miller and others) v Secretary of State for the Exiting of the European Union (Continued)

Alison Young 11th October 2016

Alison Young continues her analysis of the Miller case before the High Court. The first part, concerning jurisdiction and the correct approach to public law litigation, can be found here. In this installment, the substance of the challenge is considered. The main argument as to the substance of the challenge concerns whether triggering Article 50 […]

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