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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 Ogiek Evictions in Kenya – a failed legal solution

Christine Kahura 25th October 2018

The Mau Forest is one of Kenya’s forest reserves, gazetted in 1954 to protect it from deforestation. In 2001, the government carried out an excision of the Eastern Mau region which constitutes 25% of the forest with a view to establishing a settlement scheme understood to be for the Ogiek community. The Marishioni location, Elburgon […]

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Indian Supreme Court Decriminalises Adultery: A Step Closer to Criminalising Marital Rape

Kali Srikari Kancherla and Shreyasi Tripathi 25th October 2018

In the landmark decision in Joseph Shine v Union of India on 27 September 2018, the Indian Supreme Court unanimously struck down a 150-year old penal provision criminalising adultery as unconstitutional. Section 497 of Indian Penal Code 1860 criminalises a man having consensual sexual intercourse with a married woman without the consent of her husband. The Court […]

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Let’s call ‘conscientious objection’ by its name: Obstruction of access to care and abortion in South Africa

Satang Nabaneh Marion Stevens and Lucia Berro Pizzarossa 24th October 2018

South Africa has one of the most liberal laws on abortion and constitutionally recognizes reproductive rights as human rights. However, data shows important difficulties translating the legal norms into effective access to services. One of the key challenges is physicians’ refusal to perform abortions invoking an “ad hoc, unregulated and at times incorrect” conscientious objection. […]

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The Belgian Burkini Ban, Dead in the Water?

Marie Spinoy 24th October 2018

On the 5th of July, the Ghent court of first instance held a ban on burkinis in two public swimming pools to constitute discrimination. In both these cases Muslim women were denied access to swimming pools while wearing a ‘burkini’. Such swimsuits usually cover the whole body, except for the face, hands and feet. The regulations […]

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A Timely Intervention: Dutch Court declares that the State has Positive Duties under the European Convention on Human Rights to tackle Climate Change

Jamie McLoughlin 23rd October 2018

The Court of Appeal in the Netherlands has just issued a landmark judgment concerning environmental human rights and climate change. It has found the Dutch State to be in breach of its positive obligations under Articles 2 and 8 of the ECHR by failing to adopt a more ambitious plan to reduce greenhouse gas emissions. The judgment […]

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