Advancing the Right to Education in South Africa

James Rooney - 30th September 2016

James Rooney is one of the Oxford Human Rights Hub/Rhodes University Travelling Fellows. The Fellowship is a partnership between the Oxford Human Rights Hub, Rhodes University in South Africa, and the Legal Resources Centre (LRC), a pre-eminent South African public interest law firm. Two Oxford graduate students a year travel to Grahamstown, in South Africa’s […]

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Promoting the Best Interests of the Child: Kenyan High Court Breathes Life into the Right to a Name and an Identity

Brian Machina - 29th September 2016

In May 2016, the Kenyan Constitutional and Human Rights Division of the High Court in L.N.W v Attorney General & others  declared an archaic section of the Country’s Births and Deaths Registration Act unconstitutional, affirming the right of every child to a name and an identity under international and Kenyan domestic law. The Petitioner was […]

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Crimes Against Culture

Elizabeth King - 28th September 2016

A landmark case for international law is currently before the International Criminal Court (ICC), where the destruction of cultural heritage in Timbuktu is being tried as a war crime under the Rome Statute for the first time. The judgment could significantly broaden the scope for prosecutors to investigate and punish acts detrimental to humanity around the […]

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Did Brexit Save the HRA 1998?

Brian Christopher Jones - 26th September 2016

Perhaps it is time to begin looking for silver linings, as opposed to fantastic judicial interventions. On this blog in March I wrote that a remain vote in the referendum could spell doom for the Human Rights Act 1998 (HRA), as a fractured post-referendum Conservative party may attempt to mend itself by scrapping the HRA […]

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Who Benefits From India’s Move to Ban Commercial Surrogacy?

Gaurav Mukherjee - 23rd September 2016

The press release on the latest draft Assisted Reproductive Technology (Regulation) Bill (the Surrogacy Regulation Bill) categorises India as “a surrogacy hub for couples from different countries”, but raises alarm over unethical and exploitative practices. Although the most recent draft is not yet publicly available, initial reporting suggests a few noteworthy features. First, it completely […]

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What Principles Should Guide a Fairer Refugee Responsibility-Sharing Regime?

Stephen Kingah, Khadija Leuenberger, Caylan Ford, Masayo Ogawa and Pallavi Sharma - 21st September 2016

On 19 September 2016, world leaders gathered at the UN Summit for Refugees and Migrants . This historical Summit was set against the backdrop of a select few countries bearing most of the responsibility for hosting refugees, putting the issue of a more equitable and sustainable approach to responding to refugees centre stage. During the […]

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A Whitened White Paper on Human Rights

George G. Chen - 19th September 2016

The Chinese government claims to have made stunning progress in improving the human rights situation in the country through reforming its judicial system. But its new White Paper titled “New Progress in the Judicial Protection of Human Rights in China”, published on 12 September 2016, is a jumble of selective statistics and unsubstantiated claims. The […]

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Retrospective Punishment: A Reasonable Limit on Charter Rights (R v. KRJ)

Josh Tuttle - 9th September 2016

In KRJ, the Supreme Court of Canada tackled the retrospective application of criminal sanctions on certain sexual offenders. In particular, whether or not sentencing legislation could be applied to an offender when it was not the law of Canada at the time the offences were actually committed. The accused in this case pleaded guilty to […]

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PJS v News Group Newspapers: Threesomes! Privacy! Social Media!

Claire Overman and Andrew Wheelhouse - 8th September 2016

On 19 May 2016, the UK Supreme Court handed down judgment in PJS v News Group Newspapers Limited. This decision concerned the proposed publication of details concerning the extramarital activities of PJS, an individual in the entertainment industry married to a well-known celebrity. News Group Newspapers (“NGN”) had notified PJS that it proposed to publish […]

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Canada to Hold National Inquiry into Missing and Murdered Indigenous Women and Girls

Brian Bird - 2nd September 2016

On August 3, 2016, the government of Canada announced a National Inquiry into Missing and Murdered Indigenous Women and Girls (the “Inquiry”). The Commission’s mandate is “to examine and report on the systemic causes behind the violence that Indigenous women and girls experience and their greater vulnerability to that violence”. The Commission has also been […]

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