Constitutions and Human Rights
Adbi Ibrahim v Norway: What It Takes to Make People Feel Integrated “Here in Europe” Without Necessarily “Becoming Like Them Norwegian Christians”
Image Description: A Norwegian flag flying in the sky. On December 10th, the ECtHR’s GC (Grand Chamber) issued its last 2021 judgment in Adbi Ibrahim, a truly sad case. The...
Remedying Individual Injustice: The Supreme Court of India paves the way in Avni Prakash V. National Testing Agency and Ors.
Image description: A person standing at a podium, with a banner reading ‘Accessible India Campaign’. In human rights disputes, courts may be called on to resolve the clash between the...
The Polish Challenge to the ECtHR’s Authority: Can the CoE Human-Rights System Respond Convincingly to It?
That the 24.11.21 judgment of the Polish Constitutional Court (CC) represents a serious challenge to the ECtHR’s authority does not seem to be open to question. The CoE SG has...
Culture Wars and Constitutional Statutes: The Government’s Proposed Human Rights Act Reforms
This week, in response to the Independent Human Rights Act Review’s report, the Government published its proposals to reform the Human Rights Act (HRA) and a call for further submissions...
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
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...
![Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part 2]](https://ohrh.law.ox.ac.uk/wp-content/uploads/2021/11/Polishsupremecourt.jpeg)
Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part 2]
This is what happened in Poland. The Supreme Court made a preliminary reference about the appointment of the members of its Disciplinary Chamber (DC). The CJEU considered that there were...
Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part1]
That the Polish constitutional crisis would have had serious human-rights implications was clear from the start. It would have been naïve to assume that the CoE would not have had...
Federal Shariat Court of Pakistan declares the custom of Swara as un-Islamic and unconstitutional
On 25 October 2021, a three-judge bench of the Federal Shariat Court of Pakistan (FSC) headed by the FSC Chief Justice delivered the landmark judgement in Sakeena Bibi V. Secretary...
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
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...
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