Blog

Central American Caravan Migrants’ Right of Asylum Endangered by Trump’s Electoral Strategy

Alberto Soccol - 4th December 2018

On 13 October, a caravan of approximately 7,000 Central American migrants, including women and unaccompanied minors, departed from San Pedro Sula (Honduras) on its way to the United States. These migrants, who are fleeing extreme poverty and gang-related violence, including sexual and gender-based violence, are enduring dire humanitarian conditions and are exposed to the risk […]

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Socio-Economic Rights and Land Reform in Scotland: Learning from South Africa

Douglas Maxwell - 3rd December 2018

Balancing the property rights of landowners with the socio-economic rights of communities and tenants has developed into a focal point in the contemporary human rights debate in Scotland. This has become one of the most controversial topics at Holyrood since the Supreme Court in Salvesen v Riddell [2013] UKSC 22 unanimously held that a provision relating to […]

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Legal Gaps and Inconsistencies in India’s Commercial Surrogacy Ban

Aastha Malhotra - 30th November 2018

The Surrogacy (Regulation) Bill, 2016, which was laid on the tables of both Houses in August 2017, no longer allows non-Indians to commission surrogacy in India. Only infertile Indian couples with at least five years of marriage and proved infertility are allowed surrogacy on altruistic grounds with a close female relative acting as a surrogate […]

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An Analysis of the Banning of the Hong Kong National Party and the Legitimate Restrictions on Freedom of Expression

Stephanie Tai - 28th November 2018

  On 24th September 2018, Secretary of Security John Lee issued a ban on the Hong Kong National Party (“the National Party”) under the Societies Ordinance on the basis that the National Party posed a “real threat to national security”. Section 8(1)(a) of the Societies Ordinance states that the Secretary for Security may prohibit the […]

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A Question of Values: Religious Schools, Discrimination, and LGBT+ Rights in Australia

Alice Taylor - 27th November 2018

Striking the appropriate balance between religious freedom and LGBT+ rights continues to be controversial across the world. In Australia, this controversy is currently situated in the schoolyard. The current debate centres around whether religious schools should be allowed to discriminate in connection to employment and the provision of education and training based on LGBT+ status. […]

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A Human Rights Act for Queensland

Jack Maxwell - 26th November 2018

Queensland is soon to be the third Australian jurisdiction with a statutory bill of rights. Earlier this month, the Queensland Labor Government introduced the Human Rights Bill 2018 (Qld) to Parliament. While not perfect, the Bill is a significant step forward for human rights in Australia. Australia has limited constitutional protections for human rights, and […]

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Justice Kennedy’s Justice for Juveniles: Roper’s Reach

Esther Hong - 26th November 2018

In the field of juvenile justice, Justice Kennedy is most recognized for his Eighth Amendment sentencing decisions.  Principally, in 2005, he authored the opinion Roper v. Simmons, which abolished the death penalty for juveniles who committed offenses when they were “older than 15 but younger than 18” years old.  At first blush, Roper appears to […]

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A Small Success for LGBT Rights in Russia

Olivia Rani Bessant - 21st November 2018

Maxim Neverov, 16, was the first minor charged for ‘promoting homosexuality,’ under the Russian Federal Law, “On Protection of Children from Information Harmful to Their Health and Development” passed in 2010. This law prohibits the distribution of ‘harmful’ material amongst young people, including material which ‘may elicit fear, horror, or panic in children.’ In 2013, […]

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UK Reform of Gender Recognition and the Commission for Equality and Human Rights

Julius Komorowski - 20th November 2018

The UK Government’s consultation on reforming the  Gender Recognition Act 2004 proposes making it easier for trans people to change legal sex or gender. Commentary supporting reform has relied upon the Commission for Equality and Human Rights’ longstanding guidance on the Equality Act 2010. But the Commission’s consultation response is inconsistent with that advice. Their […]

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LBGT+ Rights in Global Perspective

Schona Jolly QC and Nathan Roberts - 19th November 2018

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

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Human Rights, Criminal Law, and Rural and Native Communities in Peru

Enlil Iván Herrera Pérez - 16th November 2018

Recently, the Constitutional Court of Peru issued a judgment in the case 7009-2013-PHC/TC, concerning a writ of habeas corpus in favor of two members of the Tres Islas Native Community, who were being prosecuted for the crime of rape against underage victims, contrary to the Criminal Code which punishes as rape any sexual relations with […]

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