Kenya’s Emerging Practice on The Right to Public ParticipationInternational Covenant on Civil and Political Rights, Kenya, Comparative law, Deliberative democracy, Democracy and Political Rights, Right to ParticipationUnder Article 10(2)(a) of the Kenyan Constitution, the state is obligated to respect “public participation” as a ...
Breaking Chains of Archaic and Patriarchal Tradition: High Court of South Africa Redefines Surname Rights for MarriagesSouth Africa, Gender Equality, Proportionality, Right to Equality and Non-DiscriminationOn September 13, 2024, the High Court of South Africa in JJ and Others v Minister of Home Affairs and Another ...
The Deafening Silence of Dissent: Abuse of Counter-Terror Laws in Indian-Administered KashmirIndia, Jammu and Kashmir, Access to Justice, Constitutions and Human Rights, Human Dignity, Right to Equality and Non-Discrimination, Right to Freedom of Speech and Expression, Substantive EqualityOn 5 August 2019, the Indian Parliament unilaterally abrogated Article 370 of the Constitution, which provided a ...
When Ideology Trumps Rights: The ECtHR’s Rejection of Sex Workers’ Human Rights in M.A. and Others v. FranceEuropean Convention on Human Rights, France, Gender, Labour Rights, Right to Equality and Non-Discrimination, Sexual and Reproductive RightsIn July, the European Court of Human Rights (ECtHR) delivered its judgment in the case of M.A. and others v ...
When ‘National Interest’ leads to Ecocide: The Unseen Constitutional Violation of Environmental Laws in BangladeshBangladesh, Climate justice, Constitutions and Human Rights, Right to healthy environment, Right to LifeIn the largest delta in the world, Bangladesh, the environmental safeguarding mechanism consists of nearly 200 ...
The Case for Overseas ConstituenciesElections Act 2022, European Court of Human Rights, United Kingdom, Right to VoteThe Elections Act 2022 received Royal Assent on 28 April 2022. Section 14, amending sections 1 and 2 of ...
Shaping Judicial Safeguards Against SLAPP Suits: Emerging Protections in Indian LawIndia, United Kingdom, Access to Justice, Right to Freedom of Speech and Expression, Right to PrivacyThe Supreme Court of India in Bloomberg Television v Zee Entertainment outlined stringent principles for the grant ...
Echoes of Dissent: ECtHR rulings pave the way for evolving limits on free speechEuropean Convention on Human Rights, European Court of Human Rights, Limitation of Rights, Proportionality, Right to Freedom of Speech and ExpressionOn 27 August 2024, the European Court of Human Rights (ECtHR) issued two pivotal rulings on the intersection of ...
The Role of Social Media in Russia’s War in Ukraine: Durov’s Arrest as a Catalyst for Global Social Media Accountability?Rome Statute of the International Criminal Court, Russia, Ukraine, Conflict and Human Rights, Criminal Justice, Private Actors, Public International Law, Right to Freedom of Speech and Expression, Right to Information, Technology and human rightsThe recent arrest of Pavel Durov, CEO of Telegram, on charges of allegedly aiding and abetting criminal activities ...
Reproductive Rights and the Judicial Attitudes in Recent Abortion Cases in Strasbourg: Will Women’s Suffering Ever Be ‘Severe’ Enough? Part 2European Court of Human Rights, Poland, Abortion, Gender Equality, Human Dignity, Right against Torture, Sexual and Reproductive RightsAs discussed in Part 1 of this blog, the European Court of Human Rights did not find a violation of Article 3 of ...
Reproductive Rights and the Judicial Attitudes in Recent Abortion Cases in Strasbourg: Will Women’s Suffering Ever Be ‘Severe’ Enough? Part 1European Court of Human Rights, Poland, Abortion, Gender Equality, Right against Torture, Sexual and Reproductive RightsOn 14 December 2023, the European Court of Human Rights (ECtHR) released its ML v Poland judgment. As the ECtHR ...
Business and Human Rights: A Cautious and Promising Interpretation of the French Vigilance LawEuropean Union, France, Business and Human Rights, Environment, Right to healthy environmentIn rulings issued on 18 June 2024, the Paris Court of Appeal deemed admissible the actions brought by several ...