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OxHRH

Failure of the Indian Supreme Court to Protect the Rights of Dalits

Aishwarya Singh and Meenakshi Ramkumar - 30th September 2019

Access to Justice| Equality and Non-Discrimination

The Indian society is characterised by a caste system, which is a hierarchical social stratification based on descent and occupation. Members of the scheduled castes, also referred to as Dalits face discrimination and violence in Indian society due to their position in the caste system. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act […]

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OxHRH

The CERD Committee on Discrimination Against Non-Citizens

Loureen Sayej - 26th September 2019

Equality and Non-Discrimination

In a previous blog post I explained the Convention on the Elimination of All Forms of Racial Discrimination’s (CERD) first three inter-State communications submitted under Article 11 CERD, specifically that of State of Palestine vs. Israel. Recently,  the CERD Committee, in its 99th session, presented its decision on the jurisdiction and admissibility of two out […]

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OxHRH

The Sustainable Development Goals: “Leaving No-One Behind” Means Recognising the Role of Equality Law

Jim Fitzgerald - 24th September 2019

Equality and Non-Discrimination

This week, states are meeting at the UN General Assembly to review progress towards the achievement of the Sustainable Development Goals (SDGs). Among other things, they are considering the outcomes of the latest High Level Political Forum on Sustainable Development – which took place in July 2019 under the theme Empowering people and ensuring inclusiveness […]

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OxHRH

Direct or Indirect Discrimination: Same Difference?

Marie Spinoy - 19th September 2019

Equality and Non-Discrimination

Should a finding of indirect discrimination be sanctioned in the same way as a finding of direct discrimination? A recent case confronted the Belgian Constitutional Court with precisely this question. It was asked to consider whether an anti-discrimination law according the same legal effects to a finding of direct and of indirect discrimination creates unconstitutional […]

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OxHRH

Brazilian Superior Court of Justice Decides that Victims of Domestic Violence are Entitled to Paid Work Leave – While New Legislation Could Hinder Their Right to an Adequate Standard of Living

Natalia Brigagao - 19th September 2019

Gender Based Violence| Gender Equality

The Brazilian Superior Court of Justice (STJ) established a new precedent asserting that women who suffer domestic violence are entitled to a court-determined paid work leave of six months or less. Employers must pay the first 15 days of salary, while the National Institute of Social Security (INSS) is responsible for providing for the remaining […]

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OxHRH

The Fair Housing Act in the Trump Era: A Proposed Agency Rule Will Seriously Dilute Disparate-Impact Liability

Andrea McArdle - 12th September 2019

Equality and Non-Discrimination

Galvanized by the assassination of Dr. Martin Luther King in 1968, the U.S. Congress adopted the Fair Housing Act (FHA) to outlaw discriminatory practices in the sale, rental, and financing of housing. From the outset, lower courts and the Department of Housing and Urban Development (HUD), the executive-branch regulatory agency charged with implementing the statute, […]

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OxHRH

The European Union Detaining Migrants in Libya – are they Breaching Non-Refoulment?

Sofia Olofsson - 10th September 2019

Migration Asylum and Trafficking

The news coming out of Libya is dire. As the largest flow of modern African migration funnels through this single country, it is portrayed as the gatekeeper of Europe. The individuals that are fleeing their countries to seek refuge have either arrived voluntarily or been forcibly shoved to Libya and are now scattered across detention […]

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OxHRH

The Failure of the Right to Freedom of Religion and Belief?: The Case of Southeast Asia

Nancy Williams - 10th September 2019

Equality and Non-Discrimination

The right to freedom of religion or belief (“freedom of religion”) is protected at the international and regional levels in Southeast Asia. Indonesia and Myanmar also protect the freedom of religion at the national level. However, the freedom of religion has failed in Southeast Asia. Looking at the extreme examples of human rights abuses against […]

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OxHRH

Blurred Lines: When Free Speech Becomes Hate Speech

Jade Weiner - 9th September 2019

Freedom of Expression

On the 27th of August 2019, the South African Constitutional Court (Court) heard its first substantive hate speech case in relation to statements made by Bongani Masuku, as Head of International Relations for the Congress of South African Trade Unions (COSATU) against the South African Jewish community. Mr Masuku made the following statements online with […]

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Prorogation: Three Assumptions

Paul Craig - 9th September 2019

Constitutions Institutions and Nation Building

Litigation is often predicated on certain assumptions. These may be the result of argumentation of the parties, the reasoning of the courts or an admixture of the two. The assumptions can take on an axiomatic character, and become ‘unchallengeable’. They may be regarded as expressive of uncontroversial facts, or perceived as inherent in the nature […]

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OxHRH

UN Political Bodies and Voluntary Abortion: Back to 1994

Francesca Gallelli - 6th September 2019

Gender Equality

Calls for the protection of reproductive and sexual health are included in an increasing number of resolutions of the General Assembly and the Human Rights Council concerned with women’s rights, indicating the centrality of this area for women’s freedom and well-being. Yet, the enthusiasm for the important development quickly turns into dismay, when the focus […]

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