Access to Justice

Thubakgale: Obscuring the Right to Access to Adequate Housing

Thubakgale: Obscuring the Right to Access to Adequate Housing

There is a housing crisis in South Africa, which is largely due to the State’s failure to carry out its constitutional mandate to provide access to adequate housing. However, the...
Indian Supreme Court on Gender Sensitisation of Judges: Aparna Bhat & Ors v State of Madhya Pradesh & Anr

Indian Supreme Court on Gender Sensitisation of Judges: Aparna Bhat & Ors v State of Madhya Pradesh & Anr

To achieve gender justice, it is critical that the judiciary avoid stereotypes and social biases to strengthen a judicial system that guarantees women access to fair and gender-sensitive judgments. In...
The Struggle to Establish Human Rights Courts in India: An Unfulfilled Promise

The Struggle to Establish Human Rights Courts in India: An Unfulfilled Promise

A petition was filed by Bhavika Phore on July 8, 2019, in the Supreme Court of India seeking to solidify human rights protections in India and gain statutory redressal under...
Emerging from the COVID 19 Pandemic: What role for the Forgotten Right to Continuous Improvement of Living Conditions in the ICESCR?

Emerging from the COVID 19 Pandemic: What role for the Forgotten Right to Continuous Improvement of Living Conditions in the ICESCR?

As the world confronts the devastating impact of the COVID pandemic it must tackle the thorny related problems of increasing economic inequality – within countries and between them – as...
The Potential of Bold Remedial Relief to Enforce Socio-Economic Rights in South Africa – Komape v Minister of Basic Education

The Potential of Bold Remedial Relief to Enforce Socio-Economic Rights in South Africa – Komape v Minister of Basic Education

Komape v Minister of Basic Education concerns the unsafe, undignified sanitation facilities in schools in the Limpopo province of South Africa, which violate a host of learners’ constitutional rights. The...
Proposed Voter ID Reforms in the UK: The Dangers of ‘Fraud’ Based Regulation

Proposed Voter ID Reforms in the UK: The Dangers of ‘Fraud’ Based Regulation

The UK government’s Election Bill containing controversial Voter ID provisions is progressing with haste through parliament this month, despite significant alarm over its potential impact. Whilst the government claims the...
Recognising ASHA Workers in India: The Need for a Legislative Revamp

Recognising ASHA Workers in India: The Need for a Legislative Revamp

Accredited Social Health Activists (ASHA workers) play a key role in rural India’s public health infrastructure. Their struggle for employment equality has been long fought, and the pandemic has exacerbated...
What’s Next in Climate Litigation: The World’s Youth for Climate Justice Campaign for an Advisory Opinion of the International Court of Justice

What’s Next in Climate Litigation: The World’s Youth for Climate Justice Campaign for an Advisory Opinion of the International Court of Justice

What was once a “turn” in climate litigation, has now become its central driving force. This series has documented some of the ground-breaking climate and human rights decisions in Courts...
Legal aid is a human right: SM v The Lord Chancellor’s Department [2021] EWHC 418 (Admin)

Legal aid is a human right: SM v The Lord Chancellor’s Department [2021] EWHC 418 (Admin)

The lack of legal aid advice for immigration detainees held in prisons in the UK has been ruled unlawful. A High Court judgment, delivered on 25 February 2021, found that...
Administrative Automated Decision-Making: What About the Right to an Effective Remedy?

Administrative Automated Decision-Making: What About the Right to an Effective Remedy?

Automated decision-making (‘ADM’) systems are algorithm decision-making tools, which issue either a partial or a full decision. While their use by national public administration is no new phenomenon, the European...
Constitutional Changes in Scotland – II: Incorporation of International Treaties, Devolution, and Effective Accountability

Constitutional Changes in Scotland – II: Incorporation of International Treaties, Devolution, and Effective Accountability

This blog is the second of a two-part series on Scotland’s incorporation journey. Part 1 sets out the devolved landscape and discusses incorporation of the UN Convention on the Rights...
The Mirage of Accountability: Overseas Development Aid and the Law

The Mirage of Accountability: Overseas Development Aid and the Law

The cutting of overseas development aid (ODA) from the globally recognised standard of 0.7 percent gross national income (GNI) to 0.5 percent GNI has made headline news and many are...
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