Constitutions and Human Rights

Women in Constitutions – The Indian Constitution with Aparna Chandra

Women in Constitutions – The Indian Constitution with Aparna Chandra

Oxford Human Rights Hub · Women in Constitutions – The Indian Constitution with Aparna Chandra Virtually all constitutions guarantee women’s right to equality, yet, there is a rise in backlash...
Is Regulating Disinformation at Odds with Free Speech? An Analysis of India’s Approach

Is Regulating Disinformation at Odds with Free Speech? An Analysis of India’s Approach

In February 2022, I wrote on the need to penalise online disinformation or “fake news” on Indian social media to protect the freedom of thought of Indian citizens. While the...
Why the Court got it wrong on Minimum Sentencing on Sexual Offences: Republic v Joshua Gichuki Mwangi

Why the Court got it wrong on Minimum Sentencing on Sexual Offences: Republic v Joshua Gichuki Mwangi

On the 12th July 2024, the Supreme Court of Kenya (SCORK) rendered its decision on an appeal by the Director of Public Prosecutions which challenged the Court of Appeal (CoA)...
The Ahmadiyya in Pakistan: Religious Persecution, Human Rights, and Islam

The Ahmadiyya in Pakistan: Religious Persecution, Human Rights, and Islam

The Ahmadiyya are a religious minority who suffer persecution in Pakistan and many other Muslim-majority countries. In 2023, for example, the Human Rights Commission of Pakistan reported that at least...
The Right to Water in the European Blue Deal: A New Constitutional Challenge

The Right to Water in the European Blue Deal: A New Constitutional Challenge

There is a narrow catalogue of goods and values which represent fundamental importance for human survival, dignity and protection of life; consequently, these should be guaranteed and respected within international...
US Supreme Court Upholds Law that Disarms Domestic Abusers, But Future Challenges Await

US Supreme Court Upholds Law that Disarms Domestic Abusers, But Future Challenges Await

With a significant majority, but in a narrowly written opinion, the US Supreme Court held on Friday, 21st June 2024, that the Second Amendment of the Constitution does not prohibit...
Blazing The Trail: Kenya’s Supreme Court Rejects the Regional Court’s Merit Review of its Judgments

Blazing The Trail: Kenya’s Supreme Court Rejects the Regional Court’s Merit Review of its Judgments

On 31 May 2024, Kenya’s Supreme Court (‘the Court’) delivered the Advisory Opinion in AG v Karua, Reference E001 of 2022 (‘the reference’), which rejected the intrusive approach of the...
India’s Rights of Persons with Disabilities Act 2016: An Unfulfilled Promise

India’s Rights of Persons with Disabilities Act 2016: An Unfulfilled Promise

India’s enactment of the Rights of Persons with Disabilities (RPWD) Act 2016 was a pivotal step towards aligning its legal framework with the UN Convention on the Rights of Persons...
Australia inches closer to a national Human Rights Act

Australia inches closer to a national Human Rights Act

Australia is the only western liberal democracy without some form of federal charter of human rights. That may soon change, with a recent parliamentary inquiry recommending a federal Human Rights...
Supreme Federal Court of Brazil Resumes Discussions on Decriminalisation of Personal Use of Cannabis

Supreme Federal Court of Brazil Resumes Discussions on Decriminalisation of Personal Use of Cannabis

In 2006, Brazil implemented a new drug law which continued to criminalise various activities related to illegal drugs, such as buying, possessing, transporting, or cultivating them for personal use. However,...
UK Court Safeguards Fundamental Right to Protest: Liberty v Secretary of State for the Home Department

UK Court Safeguards Fundamental Right to Protest: Liberty v Secretary of State for the Home Department

The UK Divisional Court has found that the Home Secretary acted unlawfully when introducing Regulations which lowered the threshold for the use of police powers to impose conditions on public...
Constitutionalising Climate Action: India’s Supreme Court Decision on the Protection against Climate Change

Constitutionalising Climate Action: India’s Supreme Court Decision on the Protection against Climate Change

Should climate change safeguards be enshrined as a human right? India’s Supreme Court seems to have resounded a definitive ‘yes’ in the case of M K Ranjitsinh and Others v...

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