Blog

A Human Rights Act for Queensland

Jack Maxwell - 26th November 2018

Queensland is soon to be the third Australian jurisdiction with a statutory bill of rights. Earlier this month, the Queensland Labor Government introduced the Human Rights Bill 2018 (Qld) to Parliament. While not perfect, the Bill is a significant step forward for human rights in Australia. Australia has limited constitutional protections for human rights, and […]

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Justice Kennedy’s Justice for Juveniles: Roper’s Reach

Esther Hong - 26th November 2018

In the field of juvenile justice, Justice Kennedy is most recognized for his Eighth Amendment sentencing decisions.  Principally, in 2005, he authored the opinion Roper v. Simmons, which abolished the death penalty for juveniles who committed offenses when they were “older than 15 but younger than 18” years old.  At first blush, Roper appears to […]

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A Small Success for LGBT Rights in Russia

Olivia Rani Bessant - 21st November 2018

Maxim Neverov, 16, was the first minor charged for ‘promoting homosexuality,’ under the Russian Federal Law, “On Protection of Children from Information Harmful to Their Health and Development” passed in 2010. This law prohibits the distribution of ‘harmful’ material amongst young people, including material which ‘may elicit fear, horror, or panic in children.’ In 2013, […]

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UK Reform of Gender Recognition and the Commission for Equality and Human Rights

Julius Komorowski - 20th November 2018

The UK Government’s consultation on reforming the  Gender Recognition Act 2004 proposes making it easier for trans people to change legal sex or gender. Commentary supporting reform has relied upon the Commission for Equality and Human Rights’ longstanding guidance on the Equality Act 2010. But the Commission’s consultation response is inconsistent with that advice. Their […]

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LBGT+ Rights in Global Perspective

Schona Jolly QC and Nathan Roberts - 19th November 2018

This blog is the fourth in a series that takes a snapshot of where LGBT+ rights are in 2018, as a result of some recent significant international decisions and considers the portents for change in light of them. In previous blogs post, we considered the position in the Americas, the EU and India. The international […]

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Human Rights, Criminal Law, and Rural and Native Communities in Peru

Enlil Iván Herrera Pérez - 16th November 2018

Recently, the Constitutional Court of Peru issued a judgment in the case 7009-2013-PHC/TC, concerning a writ of habeas corpus in favor of two members of the Tres Islas Native Community, who were being prosecuted for the crime of rape against underage victims, contrary to the Criminal Code which punishes as rape any sexual relations with […]

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ECOWAS Court Rules that use of Military Tribunals to Prosecute Civilians in Nigeria Violates Right to Fair Trial

Tetevi Davi - 15th November 2018

On 29 June 2018 the Court of Justice for the Economic Community of West African States (‘ECOWAS Court’) handed down its judgment in the case of Gabriel Inyang & another v Federal Republic of Nigeria . This decision has placed clear constraints on the use of military tribunals by states to prosecute civilians for non-military offences. […]

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‘The Family and Diabetes’ in the EU: Taking the Bitter with the Sweet

Marie Spinoy - 14th November 2018

This year’s World Diabetes Day focuses on ‘the family and diabetes’. Family members play a vital role in diabetes care, especially parents caring for children too young to understand the disease. Parents may need to monitor their child’s sugar levels throughout the night or will need to be continuously available when the child is at […]

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LBGT+ Rights in India

Schona Jolly QC and Nathan Roberts - 10th November 2018

This blog is the third in a series that takes a snapshot of where LGBT+ rights are in 2018, as a result of some recent significant decisions across the Americas, Europe and India, and considers the portents for change in light of them. In previous blogs post, we considered the position in the Americas in […]

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IPCC Special Report and Human Rights

Alex May - 9th November 2018

The Intergovernmental Panel on Climate Change (‘IPCC’) recently released its Special Report on the Impacts of Global Warming above 1.5 oC. (Monday 8thOctober 2018). A human rights perspective is useful for understanding what this means and has legal potential for forcing states to take action. The Report The IPCC was asked by the 2015 Paris […]

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State of Palestine takes United States to International Court of Justice over Jerusalem Embassy

Loureen Sayej - 8th November 2018

In its consistent diplomatic and legal attempts to salvage the two-State solution based on international law, the State of Palestine instituted a case against the United States of America before the International Court of Justice (ICJ). Followed by the Convention on the Elimination of All Forms of Racial Discrimination inter-state complaint and the International Criminal […]

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