Blog

Lessons from Sir Henry Brooke: Making Rights Real (II)

Jonathan Cooper - 1st March 2019

In my last post, I argued that the judgment in Gareth Lee v Ashers Bakery is the consequence of the failure to follow a structured human rights assessment. This is why. Gareth Lee is gay and lives in Northern Ireland. Northern Ireland denies gay men and lesbians the right to marry. Gareth went to a […]

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Lessons from Sir Henry Brooke: Making Rights Real (I)

Jonathan Cooper - 1st March 2019

What if? What if the UK House of Lords (as the UK Supreme Court then was) had left the judgment of Lord Justice Brooke in Begum in the Court of Appeal intact? Brooke LJ in that case held that the school uniform policy of Denbigh High School was unlawful under the Human Rights Act because, […]

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Antwerp Court muddies the waters: Belgian Burkini Ban Justified

Marie Spinoy - 26th February 2019

On 18 December 2018, the Antwerp court of first instance held that the burkini ban in the Antwerp Police Regulations does not constitute discrimination based on religion. As opposed to the prior two Ghent rulings, the court held that any potential discrimination was justified by hygiene and safety reasons. Earlier, Antwerp had announced it would […]

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Secularism as separation and neutrality: A redefinition of Concepts by the Constitutional Court of Peru

Enlil Iván Herrera Pérez - 25th February 2019

Last month, the Constitutional Court of Peru issued a judgment in the case 00007-2014-PA/TC, which concerned an application for amparo (constitutional relief) in favour of a teacher. The case began when the teacher was transferred to a different school against her will. The case concerned issues that reached beyond a standard labour dispute: it raised […]

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Elusive Equality: The Missing Element in the Oxytocin Ban Decision

Gauri Pillai - 22nd February 2019

Oxytocin is a WHO-recommended drug for the inducement of labour during childbirth, and in the prevention and treatment of post-partum haemorrhage. Recently, a two-judge bench of the Delhi High Court set aside a notification issued by the Central Government which prohibited the manufacture and distribution of Oxytocin for domestic use by licensed private sector companies. […]

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The Transgender Persons (Protection of Rights) Bill, 2018: A Tale of Reneged Promises

Vishakha Choudhary and Vishesh Sharma - 18th February 2019

On April 15, 2014, the Indian Supreme Court in National Legal Services Authority (‘NALSA’) v. Union of India recognised transgender persons as the ‘third gender’. The Court gleaned their extensive rights from the Constitution. By referring to the wide scope of Article 14, which guarantees the right to equality to ‘any person’, it emphasised equal […]

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Human Rights, Participation and the 2030 Agenda

Mandeep Tiwana - 13th February 2019

Four years into the 2030 Agenda for Sustainable Development, embedded human rights principles are under strain. Frank and open dialogue at the UN can help shine a spotlight on unfulfilled promises. This January, the UN organised a much-needed dialogue in Geneva on the link between human rights and Agenda 2030 for Sustainable Development. The discussion’s […]

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The Universal Declaration of Human Rights and the Rights of Indigenous Peoples: An Eightieth Anniversary Reflection

Dominic O'Sullivan - 11th February 2019

The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) fills important gaps in the Universal Declaration of Human Rights by recognising that human rights belong to peoples as well as to individuals. It emphasises collective rights to language, culture and natural resources as inherent to indigenous humanity. UNDRIP codifies indigenous rights against the state. Rights to […]

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Diminishing Accountability, Corruption, and C.Y. Leung

Stephanie Tai - 8th February 2019

The Hong Kong Bar Association formally issued a statement on 21st December 2018, regarding the Department of Justice’s choice to not obtain independent legal advice in its decision not to prosecute former Chief Executive C.Y. Leung over the UGL corruption incident. The Department of Justice’s decision not to consult independent legal advice is worrying and […]

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India’s Expanding Surveillance Scheme Violates the Right to Privacy

Aniruddh Nigam - 5th February 2019

On 20 December, 2018, the Ministry of Home Affairs in India issued an office order authorising a plethora of security and intelligence agencies to intercept, monitory and decrypt all personal data on computers and networks in India. The carte blanche nature of this authorisation raises significant concerns for the protection of the right to privacy in […]

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