Access to Justice

Empathy and Justice: Abortion Rights for Minor Rape Victims in India

Empathy and Justice: Abortion Rights for Minor Rape Victims in India

Otherwise viewed as a laudable step in addressing rights to abort, India’s Medical Termination of Pregnancy Act 1971 (MTP) inadvertently leaves minor rape victims vulnerable. A recent decision of the...
How flexible are South African courts’ remedial powers? A closer look at the Constitutional Court’s shifting approach to constitutional damages

How flexible are South African courts’ remedial powers? A closer look at the Constitutional Court’s shifting approach to constitutional damages

In two 2021 judgments, Residents of Industry House and Thubakgale, the Constitutional Court of South Africa refused to award damages for human rights violations (‘constitutional damages’). The implications for the...
Landmark Inter-State Dispute Filed with the African Court on Human and Peoples’ Rights

Landmark Inter-State Dispute Filed with the African Court on Human and Peoples’ Rights

The African Court on Human and Peoples’ Rights has received its first inter-state application. This is a milestone for the contentious jurisdiction of the African Court, and the latest episode...
The International Court of Justice’s Order in South Africa v Israel

The International Court of Justice’s Order in South Africa v Israel

This blog considers the case before the International Court of Justice (ICJ) between South Africa and Israel. It summarises the court’s order, before looking ahead to the impact of the...
Alabama’s Manifest Injustice and the Inhumanity of Execution by Nitrogen Gas Inhalation

Alabama’s Manifest Injustice and the Inhumanity of Execution by Nitrogen Gas Inhalation

On 25 January Alabama intends to be the first US state to use nitrogen gas inhalation as an execution method. Despite a manifestly unjust trial, the presence of convincing science...
A Justiciable Right to Housing? The UK Supreme Court’s Decision in R (Imam) v London Borough of Croydon

A Justiciable Right to Housing? The UK Supreme Court’s Decision in R (Imam) v London Borough of Croydon

In a December 2023 decision, the UK Supreme Court sought to clarify how courts should use their remedial discretion to make mandatory orders against local authorities. In doing so, the...
Empty Seats, Silenced Voices: Looming Shadow of Democratic Erosion in India’s Mass Suspensions

Empty Seats, Silenced Voices: Looming Shadow of Democratic Erosion in India’s Mass Suspensions

Recently, during the Winter Session of the Indian Parliament, more than 140 opposition members of Parliament (MPs) were suspended, sparking concerns about the freedom of speech and expression in the...
Nepal registers First Same-Sex Marriage: A Glimmer of Hope for Global LGBTQIA+

Nepal registers First Same-Sex Marriage: A Glimmer of Hope for Global LGBTQIA+

On 29 November 2023, Nepal became the second Asian Country to register a same-sex marriage after Taiwan. This represents a significant development in the struggle for marriage equality for the...
The Absentia Dilemma: The Introduction of Trial In-Absentia in Indian Legislation

The Absentia Dilemma: The Introduction of Trial In-Absentia in Indian Legislation

The Bharatiya Nagarik Suraksha Sanhita (BNSS), the successor to the Indian Code of Criminal Procedure (CrPC), is one of three new Indian Criminal Law bills, recently passed by the Parliament...
The Regression of Democracy and Systematic Violations of Political Rights: A Case from Jakarta’s Special Region Bill

The Regression of Democracy and Systematic Violations of Political Rights: A Case from Jakarta’s Special Region Bill

The current draft of Jakarta Special Region Bill (the Draft) proposed by Indonesian House of Representatives presents a blatant disregard of citizens’ political rights under Article 25 of the International...
Confronting Cyber Homophobia – Lessons from the United Kingdom and a Plea for Legal Reform in India

Confronting Cyber Homophobia – Lessons from the United Kingdom and a Plea for Legal Reform in India

Priyanshu, a self-taught make-up artist and social media influencer from Ujjain, India, boasting an Instagram account with over 13,000 followers, was known for sharing content related to make-up, beauty, and...
Religious Discrimination, Headscarves and ‘exclusive neutrality’: backsliding by the CJEU

Religious Discrimination, Headscarves and ‘exclusive neutrality’: backsliding by the CJEU

In OP v Commune d’Ans the Court of Justice of the European Union (CJEU) returned to religious discrimination and headscarves, this time in the public sector workplace. Although the CJEU...

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