Blog

Developments from the 48th Ordinary Session of the African Court on Human and Peoples’ Rights

Ndjodi Ndeunyema - 23rd March 2018

In the last week of February 2018, Africa’s principal human and peoples’ rights judicial organ, the African Court on Human and Peoples’ Rights, commenced its 48th session at its seat in Arusha, Tanzania. Having started its operations in 2008 when its interim rules were finalised, the African Court is a relatively young institution when compared […]

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Fascination with Kenya’s Presidency has Overlooked the Real Changes Happening Locally  

Dominic Burbidge and Thomas Raji - 22nd March 2018

Kenya’s 2010 constitution replaced the country’s centralised governance structure with one of the world’s most radical experiments in devolution. Yet to look at current commentary of Kenya’s political crisis is to see a debate that has remained stuck in the past. The 2010 constitution devolved 14 key government functions to the county level, with each […]

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Tackling FGM In India: Is It Time For A New Law?

Tarika Jain - 20th March 2018

According to a study conducted on members of the Bohra community in India, a startling 75% of the daughters of the 94 participants were subjected to Female Genital Mutilation/Cutting (FGM/C) around the age of seven to nine years, in accordance with their religious customs. A majority of the reported cases were of Type 1 FGM/C […]

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A Step Closer to Equality: LGBTQ+ Rights in the Inter-American Court of Human Rights

Alberto Soccol - 19th March 2018

In a landmark advisory opinion delivered on January 9th, the Inter-American Court of Human Rights stated that the twenty-three states parties to the American Human Rights Convention must legalize same-sex marriage and allow people to change their name and gender marker in official documents according to their self-perceived gender identity. This is not the first […]

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CCTV Cameras in Classrooms: The Conflict between Security and Privacy

Rudra Deosthali and Chittkrishna Thakkar - 18th March 2018

The Chief Minister of Delhi recently announced his decision to install CCTV cameras in all public schools, and to provide real time access to the footage to the parents of students, through a mobile application. This decision was considered necessary to ensure the safety and security of children in school, in light of recent instances […]

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Taking the backseat? Strategic utilisation of human rights in the implementation of SDGs

Jaakko Kuosmanen - 17th March 2018

Human rights and the Sustainable Development Goals (SDGs) are closely entwined. The text of the Agenda declares that human rights constitute the foundation and the aim of development. It states that the Agenda is grounded in the Universal Declaration of Human Rights and international human rights treaties, and that the SDGs seek “to realize the […]

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The Legality of Unilateral Child Conversion in Malaysia

Kamilia Khairul Anuar - 16th March 2018

For Indira Gandhi, whose husband converted to Islam and attempted to unilaterally convert their daughter as well, a long legal battle came to an end when the Malaysian Federal Court handed down its judgment, declaring that the conversion had not followed proper administrative procedures and was therefore legally invalid. Being a Muslim is a legal […]

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First Criminal Conviction under Belgium’s Anti-Sexism Act

Elise Maes - 15th March 2018

A man who made sexist remarks to a female police officer was sentenced to pay a €3,000 fine and became the first person to be convicted under Belgium’s 2014 Anti-Sexism Act. While the Anti-Sexism Act is vague in certain respects, it serves an important symbolic function. Acknowledging the gendered component in certain types of abuse […]

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Australia’s Legal Responsibility for the Refugees and Asylum Seekers it has left Languishing in Offshore Detention

Emilie McDonnell - 15th March 2018

With Australia’s recent election to the UN Human Rights Council, it is important that the international community supports and advocates for those Australia has left languishing in offshore detention. Approximately 336 asylum seekers remain detained on Nauru, including 36 children, and 801 in transition centres on Manus Island, Papua New Guinea (PNG) under Australia’s harsh […]

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The bogey of judicial overreach in South Africa: A note on Economic Freedom Fighters v Speaker of the National Assembly

Mfundo Salukazana - 14th March 2018

Discussions over the contours of the separation of powers principle in South Africa continue to smoulder. During President Jacob Zuma’s term, this dialogue was in overdrive mode. Recently, in Economic Freedom Fighters v Speaker of the National Assembly, and a few months before President Zuma resigned as president of South Africa, three opposition political parties […]

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The Supreme Court of Canada Expands the Scope of Employment Discrimination

Joana Thackeray - 14th March 2018

In December 2017 the Supreme Court of Canada released an important decision regarding the scope of discrimination “regarding employment” under provincial human rights legislation, in British Columbia Human Rights Tribunal v. Schrenk. The issue before the Court was whether protection from discrimination “regarding employment” under the British Columbia Human Rights Code extends to discrimination perpetrated by […]

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