Bărbulescu v. Romania: The Next Step in the Continuing Struggle for Standards for Workplace Communication Monitoring

Gaurav Mukherjee - 31st October 2017

On 5 September, the Grand Chamber (GC) of the European Court of Human Rights (ECtHR) delivered its judgment in Bărbulescu v. Romania (hereinafter Bărbulescu GC Judgment). The central question which confronted the GC was a determination of whether an employer’s surveillance of an employee’s workplace correspondence, without their explicit informed consent, violated their right to […]

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The Indian Supreme Court’s “Curative” Hearing in the “LGBT Case”

Gautam Bhatia - 30th October 2017

In 2009, the High Court of Delhi decriminalized same-sex relations between consenting adults in India, holding that Section 377 of the Indian Penal Code, which penalised “carnal intercourse against the order of nature”, could not be applied to consensual homosexuality (Naz Foundation vs NCT of Delhi). Four years later, sitting in appeal, the Supreme Court […]

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Atmospheric Trust Litigation: Offering Hope To India’s Hapless Adivasi Community

Rudresh Mandal and Hardik Subedi - 27th October 2017

The all-encompassing phenomenon of anthropogenic climate change has endangered the lives and livelihood of humanity at large. However, the distribution of adverse effects of climate change is not uniform. The individuals at the lower economic strata who lackadequate adaptive capabilities and are heavily dependent on climate-sensitive resources for sustenance experience disparate impacts. The intersectionality of […]

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Road to repeat poll in Kenya: Is legislative amendment the cure?

Lucianna Thuo - 25th October 2017

The unprecedented decision of the Supreme Court of Kenya (SCOK) to invalidate the presidential poll in August 2017 has received mixed reactions by the incumbent government and the opposition. The nullification of the result by the Supreme Court has been used by the opposition to leverage for certain pre-election reforms ­­­­— termed ‘irreducible minimums’— before […]

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CJEU in Kalliri: Solidifying Indirect Sex Discrimination

Shreya Atrey - 24th October 2017

Does the European Council Directive 76/207 (as amended by Directive 2002/73), which implements the principle of equal treatment between men and women, preclude a national provision which makes admission of candidates into the police service subject to a minimum height requirement? The CJEU in its judgement delivered on 18 October 2017 in the case of […]

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Catalonia: The Right to Secede and the Right to Self-Determination

Daniel Grütters - 23rd October 2017

In an address to the Parliament of Catalonia on 10th October 2017, the President of Catalonia issued a ‘suspended’ unilateral declaration of independence (“UDI”) from Spain. The ‘suspended’ UDI followed a controversial independence referendum on 1st October 2017. The referendum, which was mired by protests and attempts by federal police forces to prevent people from […]

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Searching for Solidarity through Intra-EU Relocation: Slovak Republic & Hungary v. Council of the European Union

Sarah Craig - 19th October 2017

The Grand Chamber judgment on 6 September 2017 (Joined Cases of C-643/15 and C-647/15) was eagerly anticipated by many and marked an important contribution to the regional debate on solidarity amongst EU Member States. The Court dismissed attempts by the Slovak Republic and Hungary to annul Council Decision 2015/1601 of 22 September 2015 (the second […]

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The Fulcrum for the Invalidation of Kenya’s 2017 Presidential Election: Section 83 of the Elections Act

Harrison Otieno - 18th October 2017

As earlier reported on the blog, the Supreme Court of Kenya (“the Court”) made history on 1 September 2017 by becoming the second Court in Africa (after Cote d’Ivore) to invalidate a Presidential election. 21 days later, on 21September 2017, the final, detailed, and fully reasoned judgement of the Court was issued together with two […]

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The Repression of Human Rights in Togo: Exploring Legal Avenues of Redress

Tetevi Davi and Bamidayé Komi Assogba - 17th October 2017

In recent months, scores of protests have taken place in the West African nation of Togo. A number of protests have also been held by the Togolese diaspora in several cities across the globe. Protesters have called for an end to the regime of incumbent President Faure Gnassingbé, who is accused of presiding over mass […]

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Separate but Equal? Gender Segregation in UK Schools

Claire McCann - 16th October 2017

In HM Chief Inspector of Education, Children’s Services and Skills v Al-Hijrah School, the UK Court of Appeal has concluded that sex segregation in education is discriminatory. Al-Hijrah school is a voluntary aided co-educational Islamic faith school in Birmingham which teaches children aged 4 to 16.  From the age of 9, boys and girls are […]

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