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Alison Young - 5th February 2018
The previous two posts argued that there were good reasons to retain the EU Charter of Fundamental Rights in terms of the broader, more modern scope of rights that it protects, in addition to the better remedy it can provide. This post will examine the third and fourth reasons for preserving the Charter, its ability […]
Alison Young - 4th February 2018
The previous blog post drew attention to the way in which the scope of rights protected in the UK may be diminished post Brexit if the EU Charter of Fundamental Rights is not retained as part of domestic law. The second reason for retaining the Charter draws attention to the remedy provided when rights are […]
Alison Young - 2nd February 2018
This series of short blog posts will argue that there are four main reasons for allowing the EU Charter of Fundamental Rights to continue to have domestic effect in UK law. First, it provides a broader scope of rights than either the ECHR or the common law. Second, it provides a better remedy for a […]
Anna Lukina - 21st January 2018
A recent post by Steven Jensen has suggested that a model of ‘generations of rights’ – civil and political rights; economic, social, and cultural rights; and collective or solidarity rights – was not useful for understanding the nature or history of human rights. In particular, it focuses on easily available and discernible Western perspectives on […]
Julia Lowis - 15th January 2018
In EA & Ors (Article 3 medical cases – Paposhvili not applicable) [2017] UKUT 00445, the Upper Tribunal (Immigration and Asylum Chamber) refused to follow the most recent Strasbourg caselaw regarding the test for a breach of Article 3 ECHR in medical removal cases, finding that it was inconsistent with domestic precedent. The ‘deathbed test’ […]
Jason Brickhill - 20th November 2017
In my previous post, I observed that the military action in Zimbabwe – whatever name it goes by – made a profound rupture in the rule of law and that this matters for the future. Since then, major developments have taken place. In Harare, thousands of Zimbabweans have marched to express support for the removal […]
Jason Brickhill - 18th November 2017
On 14 November 2017, the Zimbabwe Defence Force (ZDF) took control of key parts of Zimbabwe’s capital Harare. Military personnel placed tanks and military vehicles on arterial roads, seized the public broadcaster and state daily newspaper, and occupied the Presidential residence, State House. A number of Cabinet Ministers and other officials were also detained. The […]
Dominic O'Sullivan - 15th November 2017
Political participation is a human right affirmed and contextualised for indigenous peoples under the United Nations’ Declaration on the Rights of Indigenous Peoples. Australia was one of four post-settler colonial states to vote against the Declaration in 2007. However, in 2009 it reversed its objection. It had come to accept that the Declaration was not […]
Alberto Soccol - 14th November 2017
A decade after living through one of the most brutal genocides of the past century, Rwanda has not yet fully recovered from the legacy of its past. A report published by Human Rights Watch on October 10 describes hundreds of cases of illegal and arbitrary detention, enforced disappearance, and the use of torture on political […]
Reuven (Ruvi) Ziegler - 13th November 2017
Last week, the UK government announced its intention to change the Prison Service Guidance so as to allow prisoners towards the end of their (less than one year) imprisonment sentence ‘on day release’ who are still on the (annually updated) electoral register to vote in all UK elections. Prisoners would not be allowed to re-register […]
Petronella Mukaindo - 10th November 2017
Since 1 September 2017, when the Supreme Court of Kenya nullified the Presidential election, the spotlight shifted to the final judgment of the apex court. Least remembered, and understandably so, is the flurry of pretrial applications, twelve in number, that preceded the celebrated decision. Three of the applications sought to expunge documents from the Court […]
Katie Johnston - 9th November 2017
Covered by a veneer of legality, Cambodia’s government has spent the last two years systematically dismantling the Southeast Asian country’s fledgling democracy. Following the main opposition party’s improved performance in the June 2017 local election, the ruling party has recently escalated its attack, ahead of a crucial general election scheduled for July 2018. Besides threatened […]