Blog

Privacy International: Reaffirming the Rule of Law

Tom Lowenthal - 17th May 2019

On Wednesday, the UK Supreme Court delivered its judgment in Privacy International. The issue was whether the Investigatory Powers Tribunal (IPT), a body set up to review state surveillance decisions, was itself subject to judicial review in the ordinary courts. The Supreme Court decided that it was, in spite of the fact that an “ouster […]

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Challenges to women’s rights and the legalization of abortion in Brazil: can we move forward?

Catarina Helena Cortada Barbieri - 14th May 2019

2018 was a challenging year for women’s rights in Brazil, and perhaps a taste of trials in the years to come. In October 2018, Brazilians elected a far-right president and a highly conservative Congress. President Jair Bolsonaro has been an MP for 30 years and has always been controversial, although he was a marginal figure […]

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Still the second sex: Some feminist reflections on the new General Comment of the UN Human Rights Committee on the right to life

Fleur van Leeuwen - 13th May 2019

In October 2018 the United Nations (UN) Human Rights Committee (HRC) adopted general comment (GC) 36 on the right to life, replacing GC 6 and GC 14. Latter documents date back to the 1980s and attest to the androcentric nature of the international human rights system. Neither document pays attention to issues that characteristically affect the […]

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US Supreme Court Affirms that there is No Right to a Painless Death

Siddharth Sijoria - 8th May 2019

On 1st April, a 5-4 majority of the United States Supreme Court reiterated that while the Eighth Amendment of the US Constitution prohibits cruel and unusual punishment, this does not guarantee a right to a painless death. In Bucklew v Precythe, the Court heard a challenge to the method of execution by lethal injection ‘as […]

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Beghal v UK: Stop and Search at the Border Violates Article 8 ECHR

Joseph Johnson - 1st May 2019

Schedule 7 of the Terrorism Act 2000 allows police officers at ports or border areas to question individuals for the purpose of determining whether they are a terrorist, as defined in s.40(1)(b). That power may be exercised ‘whether or not [the officer] has grounds for suspecting’ that a person is a terrorist (Schedule 7, paragraph 2(4)). […]

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Expectations of the Victims of Radovan Karadžić

Richard J. Goldstone and Amanda Hukanović - 30th April 2019

The Appeals Chamber of the International Residual Mechanism for Criminal Tribunals (MICT) recently delivered the long-awaited judgement in the appeal of Prosecutor v. Radovan Karadžić. A trial chamber of the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY) had delivered its judgment on 24 March, 2016. It held that Karadžić, President of the territory known […]

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Turkish Local Elections: What Does the Delayed Declaration of Election Results Mean?

Saeed Bagheri - 25th April 2019

While nearly three weeks have passed since local elections were held in Turkey on 31st March 2019, the Turkish Supreme Electoral Council has not issued any statement on the election results in two major cities of the country – Istanbul, and the Turkish capital, Ankara. According to Article 79 of the Constitution of the Republic of Turkey (1982), election […]

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UN Special Rapporteur on the Sale of Children raises serious concerns regarding Ireland’s history of illegal adoption practices

Helen Kehoe - 23rd April 2019

Ireland has an extensive history of systemic human rights abuses of women and children, encompassing multiple institutional settings and spanning most of the 20th century: Magdalene Laundries, Mother and Baby Homes, industrial schools and the non-consensual practice of symphysiotomy in hospitals. The legal responses of the state have been fragmented, generally narrow in approach, and often the subject of […]

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Gabriel Resources v. Romania: Local Residents as Third Parties in Investor-State Dispute Settlement?

Lisa Kadel and Christian Schliemann - 19th April 2019

The Canadian corporation Gabriel Resources wanted to establish Europe’s largest gold mine in Rosia Montana, Romania. Local villagers and Romanian civil society resisted the corporation and the state, due to perceived disregard for their human rights and environmental concerns. After a long battle they prevented the project. As a response Gabriel Resources sued Romania for […]

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Zambia’s police force undermine opposition in Sesheke

Mwai Daka - 18th April 2019

Recent reports and video footage of the political unrest in Sesheke’s Parliamentary by-elections have brought to light the disproportionate use of force by Zambia’s police, who opened fire at the opposition party, the United Party for National Development (UPND) and its supporters, during a political rally. These events have brought the uneasy relationship between President […]

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