Perpetuating Discrimination: A Critical Analysis of the Legal Framework Surrounding Leprosy in India
Over several centuries, leprosy has gained notoriety as a highly contagious and incurable disease. With the advent of Multi-Drug Therapy (MDT), the World Health Organisation declared leprosy to be curable...
The Intersection of Age, Gender and Disability in the Prosecution of Sexual Violence in India
This post examines a petition made to the Indian Supreme Court by a rape victim’s mother. The petitioner avers that her daughter’s case should be tried in a court set...
Griffiths v Department of Work and Pensions: Adjusting Reasonable Adjustments
What is it that UK courts don’t get about positive treatment in discrimination law? A book could be written on the historical wrong turns they’ve been persuaded to take over...
Twenty Years on, Inclusion Remains a Distant Dream for India’s Disabled
Even as India’s principal legislation for the empowerment of the disabled, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, (“PWD Act”) completes 20 years of...
Entering the No-Go Zone – Social Security and Discrimination in the UK Supreme Court
It is rare for a human rights challenge in the social security context to succeed in the English courts. In large part this is due to the respect (some might...
Disability Defence to Possession can Rarely be Decided Summarily: Akerman-Livinsgtone v Aster Communities Ltd
This note considers the procedural implications of the Supreme Court’s decision in Akerman-Livingstone, which held that the proportionality exercise for a discrimination defence to a possession claim under the Equality...
Mainstreaming Disability in Development: The need for a Disability-Inclusive Post-2015 Development Agenda
As a report by the World Health Organization indicates, around 15% of the world’s population, roughly 1 billion people, live with some form of disability, making them the world’s largest...
An Extraordinary Feat of Firsts: Oxford Disability Mooting Championship and Discussion
On 22 November 2014, the Oxford Law Faculty and Wadham College organised the Herbert Smith Freehills Oxford Disability Mooting Championship final at the Keble College Chapel. The moot marked a...
Indian Lip Service to the UNCRPD: Examining the Persons with Disabilities Bill 2014
Having ratified the United Nations Convention on the Rights of Persons with Disabilities in 2007, India was legally as well as constitutionally obligated to bring its domestic laws in line...
The Problem of Progressive Realization – Protecting the Rights of the Disabled in Jamaica
Jamaica boasts of being the first country in the world to both sign and ratify the United Nations Convention on the Rights of Persons With Disabilities, on March 30, 2007....
Executing the Intellectually Disabled: a Stronger Prohibition
On 21 February 1978, Freddie Hall and his accomplice, kidnapped, raped and murdered a young woman, and in a separate incident, killed a sheriff’s deputy. Hall’s siblings, teachers, and the...
McDonald v UK: The ECtHR on Social Care Provision
So did Ms McDonald OBE, former ballerina, win her case in the European Court of Human Rights (McDonald v UK) or not? The Guardian on 20 May 2014 said: “European...