Access to Justice

Parental Leave, Equality and Dignity in South Africa: One Step Forward, Two Steps Back

Parental Leave, Equality and Dignity in South Africa: One Step Forward, Two Steps Back

On 25 October 2023, the Johannesburg High Court of South Africa in Van Wyk v Minister of Employment and Labour [2023] ZAGPJHC 1213 declared certain provisions of the Basic Conditions...
Community Sentencing: A Positive Shift in the Indian Criminal Justice System

Community Sentencing: A Positive Shift in the Indian Criminal Justice System

A number of alternatives to custodial sentences have been introduced in the Indian criminal justice system, with progress being made over time towards open prisons, probation, and rehabilitation centres. Yet...
‘A Victory for Underpaid Workers’: Chief Constable of Northern Ireland v Agnew

‘A Victory for Underpaid Workers’: Chief Constable of Northern Ireland v Agnew

The recent Agnew case deals with a technical but practically very important point: if a worker is underpaid by their employer when they take annual leave, how far back in...
The Fundamental Knot: Why a Hands-Off Approach by the Indian Judiciary Poses a Challenge to Marriage Equality in India

The Fundamental Knot: Why a Hands-Off Approach by the Indian Judiciary Poses a Challenge to Marriage Equality in India

The Supreme Court of India on 17 October 2023 delivered its long-awaited judgement on the legality of same-sex marriages in the country. The 3:2 majority verdict refused to recognise the...
India’s Women’s Reservation Bill: Breaking the Political Glass Ceiling

India’s Women’s Reservation Bill: Breaking the Political Glass Ceiling

India’s social fabric is complex and diverse, and women’s ability to realise substantive equality in this environment has long been of concern to advocates for social justice. In particular, the...
Silencing the Indigenous Voice: How Australians Have Failed Their Own People Part II

Silencing the Indigenous Voice: How Australians Have Failed Their Own People Part II

The first part of this blog series addressed the background to the referendum and the Constitution of Australia, including how it derives from racially discriminatory beliefs which would later be...
Silencing the Indigenous Voice: How Australians Have Failed Their Own People Part I

Silencing the Indigenous Voice: How Australians Have Failed Their Own People Part I

Last week’s failed referendum affirms the deep-seated racial prejudice embedded in Australia’s public institutions, and demonstrates how this marginalisation continues to be perpetrated by the Australian populace more broadly. Following...
Giving Voice to the Vulnerable: How Advisory Opinions Have the Potential to Advance Climate Justice through International Courts

Giving Voice to the Vulnerable: How Advisory Opinions Have the Potential to Advance Climate Justice through International Courts

In the context of the current climate crisis, climate change litigation has taken a new form over the past year. There have been increasing requests for advisory opinions from international...
Suicides within India’s Agricultural Industry: How Climate Change and Government Policy are Impacting Human Rights

Suicides within India’s Agricultural Industry: How Climate Change and Government Policy are Impacting Human Rights

Over 650 farmers have committed suicide in the central region of Maharashtra, India, from January to August 2023. Climate change and the stress it places on agriculture have been the...
Unravelling the Human Rights Implications of Sri Lanka’s New Anti-Corruption Law

Unravelling the Human Rights Implications of Sri Lanka’s New Anti-Corruption Law

Human rights in Sri Lanka have only deteriorated in recent years amidst the economic crisis that unfolded in 2022. The public, although dissatisfied with the state of affairs, is barred...
From Capture to the Court: The Use of Digital Technology in Advancing the Pursuit of Justice for International Crimes

From Capture to the Court: The Use of Digital Technology in Advancing the Pursuit of Justice for International Crimes

Photos and videos are powerful evidentiary tools to prove a criminal act, including the intent and role of the accused, and to corroborate other evidence such as witness statements. Justice...
Los derechos de las niñas y niños y la esclavitud moderna: Cerrando una brecha en la literatura y la práctica

Los derechos de las niñas y niños y la esclavitud moderna: Cerrando una brecha en la literatura y la práctica

La esclavitud moderna es una cuestión que involucra los derechos de las niñas y niños. Existen implicaciones en sus derechos antes, durante y después de la explotación. Sin embargo, la...

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