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OxHRH

Transgender Laws in Transition: European Courts on Non-Binary Gender Recognition

Tuur Desloovere - 11th August 2019

Gender Equality

A decision of the Belgian Constitutional Court is the latest in a series of judgments in Europe deciding essentially the same question: should non-binary gender identities be recognized by (non-binary) gender/sex markers on official documents? This post explores the different answers offered by courts across Europe. On 19 June 2019, the Belgian Constitutional Court ruled […]

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OxHRH

The Korean Constitutional Court Judgment on the Constitutionality of an Abortion Ban

Dahee Chung and Andrew Wolman - 4th August 2019

Gender Equality

Since 1953, abortion has been illegal in Korea, except for cases of rape, incest, severe genetic disorders, specific diseases, or threat to a woman’s health. There is a maximum two-year sentence for doctors who perform the procedure, and women who have abortions are subject to a fine and prison sentence of up to a year. […]

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The declaration of rape as an emergency in Sierra Leone needs to address legal ambiguities in order to combat the scourge of rape and gender-based violence

Lyndon Baines-Johnson and Mwai Daka - 22nd July 2019

Gender Based Violence| Gender Equality

In February 2019, President Bio of Sierra Leone declared a state of emergency to combat rape and sexual violence. However, if the declaration is to have full effect, ambiguities and gaps within the country’s legal framework need to be cleared up, and replaced by clear law preventing child marriage, and  sexual and gender-based violence. Most […]

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OxHRH

Workers of the Fireworks Factory of Santo Antônio de Jesus and their family members vs. Brazil and why we need to talk about socioeconomic gender inequality

Natalia Brigagao - 18th July 2019

Business & Human Rights| Equality and Non-Discrimination| Gender Equality

In 1998, there was an explosion at an irregular, high-risk fireworks factory in the city of Santo Antônio de Jesus, Brazil, which led to 64 deaths and left six people severely injured. Survivors and family members were not offered due access to justice, which led them to report the violations to the Inter-American Commission of […]

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OxHRH

The ‘Unaffordable’ Pro-life Abortion Policy in Kenya

Christine Kahura - 13th June 2019

Gender Equality

The narrow basis for the procurement of abortions in Kenya discriminates against women and girls based on their sex and gender. The most adversely affected are poor women and girls living in rural and informal settlements. These women must rely on unsafe back street abortions that pose a risk to their lives. One such woman […]

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OxHRH

The entry of women into the legal profession under British colonial rule

Rishika Sahgal and Andrew Byrnes - 3rd June 2019

Gender Equality

This year sees the centenary of the abolition of the legal barriers to women’s entry into the legal profession in the United Kingdom. The Sex Disqualification (Removal) Act 1919 (UK), which commenced operation on 23 December 1919, provided that a person should not be disqualified ‘by sex or marriage from entering or assuming or carrying […]

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OxHRH

An Indian High Court Recognises Transgender Individuals’ Right to Marry

Raghav Mendiratta - 19th May 2019

Equality and Non-Discrimination| Gender Equality

On April 22, 2019, in a significant decision for India’s transgender community, the Madras High Court in Tamil Nadu upheld the right of a trans-woman and a man to register their marriage under the Hindu Marriage Act, 1955. What was so far only etched as an abstract right of gender self-determination through the NALSA judgment, […]

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OxHRH

Liberalising Access to Abortion and Sex Education to Decrease Teenage Pregnancy in Kazakhstan

Adilya Zhilgildina - 5th April 2019

Children's Rights| Gender Equality

Teenage pregnancy rates in Kazakhstan are high, with 3443 births in 2017, much higher than during the Soviet period. As a means to decrease the prevalence of teenage pregnancy, the Vice Minister of Healthcare has proposed a more liberal abortion regime by making abortions more accessible to teenagers, providing access to birth control and introducing […]

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OxHRH

Indian Supreme Court on Dance Bar Regulations: Victory for Bar Dancers?

Prankul Boobana - 12th March 2019

Equality and Non-Discrimination| Gender Equality| Socio-Economic Rights and Labour Rights

A two-judge bench of the Supreme Court of India (‘SC’) recently relaxed the stringent conditions imposed by the Maharashtra government for obtaining licenses and running dance bars, public establishments which are an important source of livelihood for female dancers. These dancers generally belong to the traditional dancing communities and are following their hereditary occupation. It […]

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OxHRH

Elusive Equality: The Missing Element in the Oxytocin Ban Decision

Gauri Pillai - 22nd February 2019

Gender Equality

Oxytocin is a WHO-recommended drug for the inducement of labour during childbirth, and in the prevention and treatment of post-partum haemorrhage. Recently, a two-judge bench of the Delhi High Court set aside a notification issued by the Central Government which prohibited the manufacture and distribution of Oxytocin for domestic use by licensed private sector companies. […]

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OxHRH

India’s New Transgender Bill and its Discontents

Akanshha Agrawal - 27th January 2019

Equality and Non-Discrimination| Gender Equality

The government of India attempted to take a progressive step to protect the rights and dignity of transgender persons by introducing the Transgender Persons (Protection of Rights) Bill 2016. This was passed by the Lower House of Indian Parliament and is set be introduced in the Upper House. The groundwork for this bill was laid […]

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