Blog

Australia to Transfer Asylum Seeker and Refugee Children from Nauru to Australia

Emilie McDonnell - 4th November 2018

The Australian government has confirmed plans to transfer all asylum seeker and refugee children from Nauru to Australia by Christmas. This news comes after mounting pressure from the public, medical and legal organisations, human rights and refugee advocate groups, thousands of doctors, as well as from within the government’s own party, calling on the government […]

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Aadhaar Verdict: A Middle Path

Nidhi Singh and Kushagra Mishra - 1st November 2018

The Supreme Court of India has emerged as a strong force in safeguarding the Constitutional values, and has had a memorable term of landmark verdicts, dealing with questions that relate to privacy, individual liberty and sexual freedom, to name a few. The Supreme Court in mid-2017 took the issue of ‘citizen’s privacy’, as discussed here. […]

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Ireland Votes to Remove Blasphemy Offence from Constitution

Alastair Richardson - 29th October 2018

The 37th Amendment of the Constitution of Ireland was passed by referendum on Friday, removing the word ‘blasphemous’ from Article 40.6.1i. In Article 40.6.1, the State guarantees “subject to public order and morality,” the “right of the citizens to express freely their convictions and opinions.” The Article added, however, that “the publication or utterance of […]

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LBGT+ Rights in The EU

Schona Jolly QC and Nathan Roberts - 28th October 2018

This blog is the second in a series that takes a snapshot of where LGBT+ rights are in 2018, as a result of some recent significant decisions across the Americas, Europe and India, and considers the portents for change in light of them. In a previous blog post, we considered the position in the Americas. […]

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Mind the Gap: the Privacy Void in Brazilian’s Public Transport

Mariana Canto - 26th October 2018

In April 2018, the agreement entered into between ADMobilize and ViaQuatro, the administrator of the yellow line of the São Paulo subway, enabled the use of a technology to collect data related to the facial expressions of public transport users. Almost four months later, on August 30, 2018, an action was filed by the Brazilian […]

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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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Discrimination in the Age of Artificial Intelligence

Arindrajit Basu - 23rd October 2018

The dawn of Artificial Intelligence (AI) has been celebrated by both government and industry across the globe. AI offers the potential to augment many existing bureaucratic processes and improve human capacity, if implemented in accordance with principles of the rule of law and international human rights norms. Unfortunately, AI-powered solutions have often been implemented in […]

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