Blog

Do Rohingya Refugees in India have Constitutional Rights?

Afreen Hashmi - 29th September 2017

The Indian Government recently issued a direction to identify and deport around 40,000 Rohingya refugees in India, labelling them as a burden on the resources of the country and a security threat. However, the Supreme Court of India has decided to hear a case contending that the proposed deportation is in violation of the fundamental […]

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The Forced Expulsion of Rohingyas Reflects Why India Needs a Refugee Law

Lovish Garg - 28th September 2017

The Indian Government recently revealed its decision to deport the 40,000 Rohingya Muslims from the country, including the 16,000 refugees registered with the UNHCR. This decision is seen as a reaction to the intensified protests by right-wing Hindu fundamentalists who perceive them as a threat to national security and have been demanding their expulsion. The […]

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Niqabs in Strasbourg, Again: Part 2

Stéphanie Hennette Vauchez - 27th September 2017

In a blog post yesterday, I considered the impact which the recent decisions of the European Court of Human Rights in Dakir v. Belgium and Belcacemi and Oussar v. Belgium might have on the Court’s conception of “living together”. Today, I will consider the concerns these judgments raise for the Court’s jurisprudence on indirect discrimination […]

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Niqabs in Strasbourg, Again: Part 1

Stéphanie Hennette Vauchez - 26th September 2017

Burqa bans seem to be in fashion, not only in the 5-odd countries that have chosen this policy line, not only at the European People’s Party within the European Parliament, but at the European Court of Human Rights as well. Only three years after its Grand Chamber ruling upholding the French legislative ban of 2010 […]

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An Iraqi Kurdish Independence Referendum

Saeed Bagheri - 25th September 2017

On 15 September 2017, the Iraqi Kurdish parliament voted to hold an independence referendum in Iraq’s autonomous Kurdistan region, and today, that referendum is taking place. Western and regional powers ― including Baghdad, Turkey, Iran, United States and the EU―  have expressed their opposition to the referendum because they believe that the referendum would detract […]

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An International Law Perspective on India’s Response toward the Rohingya Refugee Crisis

Vidushi Sanghadia - 22nd September 2017

In the opening statement made in the Human Rights Council’s 36th session on 11th September 2017, the United Nations High Commissioner for Human Rights Zeid Ra’ad Al Hussein observed the appalling state of affairs concerning the security operations underway in the Rakhine state of Myanmar, exacerbated by the Arakan Rohingya Salvation Army (ARSA). He pointed […]

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The United Kingdom’s Drone Programme: Secrecy and Accountability

Rosalind Comyn - 20th September 2017

In what circumstances can the UK Government target and kill a British citizen abroad? Can the Government withhold its legal basis for doing so by invoking a blanket claim to secrecy with reference to the involvement of the security services? Has the UK been inching towards the US position on the use of force, while […]

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Litigating for the Right to Education in the United States: Part 2

Michael Rebell - 19th September 2017

In yesterday’s blog post, I reviewed US right to education litigation at the federal level, and at the state level in New York and New Mexico. In this post, I will consider litigation that has taken place in Kansas, Washington and North Carolina. Kansas Issuing its fourth decision since 2014 in Gannon v State, the Kansas Supreme […]

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Litigating for the Right to Education in the United States: Part 1

Michael Rebell - 18th September 2017

Although the U.S. Supreme Court held in 1973 that there is no right to education in the federal constitution, over the past 40 years, dozens of state courts have ruled that there is a right to education under their state constitutions. There has, in fact, been litigation in 45 of the 50 states and plaintiffs […]

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Tunisia’s Revolutionary Steps: New Law Protecting Women Against Violence

Ranime Djouider - 15th September 2017

July 26th 2017 marked a historic date in Tunisian history, with the passing of a national law against domestic violence, targeting “any physical, moral, sexual or economic aggression” against women.  The law passed with 146 out of 217 votes in parliament. The new law directly targets domestic violence against women, something that has been a […]

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CEDAW Committee General Recommendation on Violence against Women Updated

Kevät Nousiainen - 14th September 2017

In July 2017, the CEDAW Committee released a new General Recommendation (No. 35) on Violence Against Women (VAW), 25 years after the first on the topic, General Recommendation No.19. This represents a step forward in the international legal response to the challenge of widespread VAW.    The 1979 UN Convention on the Elimination of Discrimination […]

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Menstruation, the Right to Education and India’s Positive Obligations

Sanjana Srikumar - 12th September 2017

The link between menstruation and the goals of gender justice is a complicated one- whether it is the debate surrounding the controversial first-day-of-period leave introduced by some offices or challenges to the taxation regimes of menstrual hygiene products in 2 separate petitions before the Bombay and Delhi High Courts respectively. Most recently, a 2-judge bench […]

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