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UK Reform of Gender Recognition and the Commission for Equality and Human Rights

Julius Komorowski - 20th November 2018

Gender Equality

The UK Government’s consultation on reforming the  Gender Recognition Act 2004 proposes making it easier for trans people to change legal sex or gender. Commentary supporting reform has relied upon the Commission for Equality and Human Rights’ longstanding guidance on the Equality Act 2010. But the Commission’s consultation response is inconsistent with that advice. Their […]

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OxHRH

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

Gender Equality

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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OxHRH

Indian Supreme Court Strikes Down Ban on Women’s Entry into Religious Temple

Raja Dandamudi - 11th October 2018

Gender Equality| Religion

Recently, a (4:1) majority of a five-judge bench of the Indian Supreme Court in Indian Lawyers Association v. State of Kerala upheld the right of women to worship in the famous Sabarimala temple, irrespective of their age. This judgement struck down a rule which banned the entry of women between the ages 10 to 50 years into the temple. The judgment has thereby sounded the death […]

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OxHRH

Tackling India’s Devadasi System –  A Matter of Policing and Public Order?

Srujana Bej - 5th October 2018

Gender Equality

In September 2017, India’s National Human Rights Commission issued notices to the states of Andhra Pradesh and Tamil Nadu about the dedication of young girls to the Devadasi system. However, this practice has continued. Most recently, in August 2018, a woman in Karnataka alleged initiation into the Devadasi system. Despite being outlawed for over 30 […]

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OxHRH

Promoting ‘Gender Ideology’: Constitutional Court of Bulgaria Declares Istanbul Convention Unconstitutional

Ruzha Smilova - 22nd August 2018

Gender Equality

On July 27 Bulgaria’s Constitutional Court ruled that the Council of Europe Convention on preventing and combating violence against women and domestic violence (often called the “Istanbul Convention”) contravenes the Bulgarian Constitution. In early 2018, the Convention ratification bill met strong opposition from nationalist parties in government, major opposition from the Socialist party, the President of the […]

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OxHRH

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

Meera Manoj - 11th June 2018

Equality and Non-Discrimination| Gender Equality

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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OxHRH

A Difficult Time for Women’s Autonomy in the Indian Courts

Shreya Mohapatra - 14th May 2018

Gender Equality

The Kerala High Court judgment annulling the marriage of Hadiya, a 24-year-old homeopathy student from Kerala with a Muslim man, Shafin Jahan, and the Supreme Court of India instigating a National Investigation Agency (NIA) inquiry into the matter have already gone down in public discourse as one of the judiciary’s most problematic decisions. The courts […]

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OxHRH

Ms X v Mahmood Farooqi: A Dangerous Precedent for Interpreting Consent in Rape Cases in India

- 23rd April 2018

Criminal Justice| Gender Based Violence| Gender Equality

In a recent case before the Indian Supreme Court, Ms X v Mahmood Farooqi, the court refused to overturn a Delhi High Court decision which set a dangerous precedent that a ‘feeble no’ did not signify a lack of consent in rape cases. In the present case, Ms X accused Mahmood Farooqi of committing rape […]

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