Blog

A Human Right to Divorce?

Charlotte Kelly - 3rd September 2018

The case of Owens v Owens rocked the legal world in late July, when the Supreme Court decided that Tini Owens could not divorce her husband, despite the court recognising that this could leave her “trapped in an unhappy marriage.” Her husband, Hugh John Owens, had sought to defend against Mrs Owens’ petition for divorce […]

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Who is my mother? The dilemma of surrogacy agreements – Part I

Fraciah Muringi - 12th December 2016

The High Court of Kenya in A.M.N & 2 others v The Attorney General & 5 others was faced with the issue of how surrogacy agreements ought to be enforced. Since there was no law governing surrogacy in Kenya, the Court had recourse to the United Kingdom’s (UK) position. In this petition, the parentage of […]

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China’s Two-Child Policy: An Assault on Human Rights

Stephanie Tai - 19th January 2016

At the end of October 2015, the Chinese government announced that it would end its one-child policy by replacing it with the two-child policy.  China’s two-child policy is a false triumph for human rights.  Whilst some have greeted this as a step in the right direction, the mere existence of a policy controlling the number […]

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Regulating Assisted Reproductive Technologies in India

Nehaa Chaudhari - 12th November 2015

India’s reported decision to ban surrogacy for foreigners has received plenty of news coverage and analysis in Indian and international media over the past week. This post is a comment on the related legislative developments around assisted reproductive technologies in India. Largely unregulated, the Assisted Reproductive Technologies (ARTs) industry is of significant value in India. […]

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Recent Developments in the UN Human Rights Council: Traditional Values and Women’s Right to Equality in the Family

Frances Raday - 2nd September 2015

In recent years at the United Nation’s Human Right’s Council (UNHRC) an ideological challenge has been directed against the universality of international human rights by a strong religious lobby. Religions themselves have, in the human rights era, self-identified as the core of resistance to universal human rights and, in particular, to women’s right to equality […]

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Constitutional Reasoning About Same-Sex Marriage

Nicholas Bamforth - 23rd July 2015

By including same-sex couples within the constitutional right to marry, the decision of the U.S. Supreme Court in Obergefell v. Hodges (26th June 2015) is of great practical significance. It also offers broader food for thought for human rights lawyers, both about constitutional decision-making in the United States and from a comparative perspective. Three points […]

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Single Mothers, Absent Fathers and the Best Interests of the Child: Drawing a Fine Balance in the ABC Case

Sidharth Luthra and Viraj Gandhi - 16th July 2015

India is a country where religious rights of different communities are constitutionally protected. However adoption is legally permitted only for the Hindu community. Such adoptions are regulated by the Hindu Adoption and Maintenance Act, 1956. For persons of other religions and foreigners, the Guardian and Wards Act, 1890 [“GAWA”] permits appointment of a Guardian for […]

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Will Obergefell Stifle Growing Support for LGBTQ Rights?

Daniel J Hoppe and Matthew Tyler - 7th July 2015

In his recent post The Beginning Rather Than The End, Karl Laird discusses the potential policy backlash that may result from the recent Obergefell decision. In analyzing Obergefell, however, it is important to also consider whether or not the Court, in rendering this decision, actually damaged the dramatic progress that same sex couples have been making in societal attitudes. There is no doubt that the Court had a legal right to render a […]

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Empathy, Craft and other Lessons to Learn from the US Same-Sex Marriage Decision

Danish Sheikh - 6th July 2015

Three narratives provide the human face to the text of Obergefell v. Hodges, the landmark US Supreme Court decision recognizing the right of same-sex couples to participate in the institution of marriage. The Court recounts James Obergefell’s struggle to be listed as the surviving spouse on his partner’s death certificate, the uncertainty that an unmarried […]

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