Blog

All Quiet in the Turkish Courts

Serdar Reşat Bakır - 17th October 2018

In Western academia, few efforts have been made to portray the status of the Turkish jurisdiction and its stance against what happened following to the so-called coup attempt in Turkey that took place on 15th of July 2016, which provided the impetus for a huge crackdown on civil liberties. Over the last couple of years […]

Read full article »

The Prohibition of Torture 70 years after the UDHR

Natasa Mavronicola - 16th October 2018

Article 5 of the Universal Declaration of Human Rights, which is 70 this December, provides in unequivocal terms that ‘No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’. There is a duality to the shall: it carries the stipulation, but also the hope, that no one shall again […]

Read full article »

Justice Kennedy on Healthcare

Jennifer Oliva - 15th October 2018

Justice Anthony Kennedy, who long served as the swing vote on important healthcare-related decisions, retired from the United States Supreme Court on July 31, 2018. The press and pundits alike reacted to Kennedy’s retirement announcement with dire forecasts that the Court’s healthcare jurisprudence would veer to the right. In fact, Justice Kennedy’s record of healthcare […]

Read full article »

The Consequences of the Ashers Cake Judgment

Daphne Romney QC - 12th October 2018

The Supreme Court has allowed the appeal by Belfast bakery Ashers Bakery and its managers Mr and Mrs McArthur in refusing to bake a cake for Gareth Lee, who had asked for it to be iced with the message Support Gay Marriage. The Supreme Court found that Mr Lee had not been discriminated against on […]

Read full article »

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

Raja Dandamudi - 11th October 2018

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 […]

Read full article »

Religious symbols in schools: Passive and harmless or a powerful threat?

Olivia Rani Bessant - 9th October 2018

In Lautsi v Italy (2012), the applicant argued that the presence of crucifixes in state school classrooms violated students’ Article 9 ECHR right to religious freedom, but the ECtHR deemed the cross a ‘passive symbol’ and Article 9 respected. Yet in Dahlab v Switzerland (2001),an earlier case the applicant cited, banning a teacher from wearing her hijab […]

Read full article »

Persecution of rights activists and voices of dissent in India

Vedika Pareek and Manya Oberoi - 8th October 2018

Recently, in a series of synchronized raids carried throughout India, various human rights activists and vocal critics of the ruling government were arrested under the Unlawful Activities Prevention Act (UAPA), an anti-terror law. These arrests have been widely criticized for being politically motivated as they are aimed at curbing the right of free speech and […]

Read full article »

Gender Recognition Reform – The Current Debate is Misconceived

Rachel Bowyer - 4th October 2018

The Gender Recognition Act 2004 (‘GRA’) allows transgender people in England and Wales to be legally recognised in their new gender. The government has acknowledged that the current process is problematic and is consulting on reforms. The debate around the reforms has been fraught and filled with tension. The Home Affairs Select Committee is investigating […]

Read full article »

Justice Kennedy’s Gay Rights Legacy

Luke A. Boso - 3rd October 2018

Justice Anthony Kennedy’s announced retirement left progressives reeling over what the Court’s inevitable rightward shift will mean for civil rights given Kennedy’s swing-vote status on cases implicating social issues.  Indeed, his presence was pivotal for gay rights.  Kennedy authored the Court’s most famous pro-gay decisions, many decided 5-4.  Kennedy’s gay rights legacy is complicated, however, […]

Read full article »

South Africa decriminalises the private use, possession and cultivation of cannabis

Nabeelah Mia - 2nd October 2018

On 18 September 2018, after more than a decade of perseverance by Mr Gareth Prince, his efforts finally saw fruition:  the Constitutional Court of South Africa decriminalised the use, possession and cultivation of cannabis in private for personal consumption in Minister of Justice and Constitutional Development and Others v Prince and Others.  The matter arose […]

Read full article »

The EU Can do More to Protect Religious Freedom

Adina Portaru - 1st October 2018

On 4 September 2018, the European Parliament Intergroup on Freedom of Religion or Belief and Religious Tolerance presented its fourth Annual Report on Freedom of Religion or Belief. The Report focuses on violations of freedom of religion or belief which happened outside the European Union in 2017, and sends out a clear message: the EU […]

Read full article »