Kurt v Austria: ECHR Positive Obligations Without a Coercive Sting?
A terrible family drama reopens the debate about the coercive sting of ECHR positive obligations Measures to prevent crime have always been considered part of the positive obligations under Article...
Inevitability as the New Discrimination Defence: UK Supreme Court Mangles Indirect Discrimination Analysis While Finding the Two-Child Limit Lawful
The UK Supreme Court has delivered its long-awaited judgment in R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and...
Supreme Court of Pakistan declares “two-finger test” unconstitutional
On 4 January 2021, a three-judge bench of the Supreme Court of Pakistan pronounced a significant judgment in Atif Zareef v The State. The Court declared that the “two-finger” or...
A Renewed Call for the Need for Recognition of the Non-Marital Family in the Irish Constitution
On 24th April 2021, the deliberations of the Citizens’ Assembly on Gender Equality recommended forty five changes to make Ireland a more gender equal place. The Assembly was established by...
The Achbita case: an Update from Belgium
In 2017 the Court of Justice (ECJ) pronounced its much criticised answers to two preliminary questions concerning headscarves and discrimination, originating from France (Bougnaoui) and Belgium (Achbita). On 12 October...
Reconceptualising ‘Reputation’ post #MeToo
In October 2018, India’s #MeToo wave witnessed an explosion of online testimonies against sexual predators, by women from all walks of professional life. Salient among them was an accusation of...
Turkey’s Withdrawal from the Istanbul Convention: A Worrisome Picture for Women’s Rights and the Constitutional System
The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, mostly referred to as the Istanbul Convention, is the first legally binding instrument in Europe...
Gender in Colombia’s Peace Transition (with Isabel Jaramillo Sierra)
In this episode, we speak with Dr Isabel Cristina Jaramillo from Los Andes University in Colombia about “Gender in Transition: Studies about the Role of the Law in the Distribution...
Privacy at the Margins: France’s New Ban on the Hijab
On 30th March, less than a month after Switzerland held a plebiscite on banning the burqa and niqab in public spaces, the French Senate has moved to ban girls under...
Matrimonial Property Rights in Kenya: The Long Road Ahead for Women’s Rights
Over the last decade, Kenya has taken some steps to promote fairness and secure women’s rights within the institution of marriage. The promulgation of the progressive 2010 Constitution and the...
The European Court of Human Rights develops important principles in pregnancy discrimination cases
More than 60 years after it started functioning, the European Court of Human Rights (ECtHR) has finally delivered its first two judgements on pregnancy discrimination. Even if these two judgements...
Equal Marriage – Unequal Parenthood
In 2017, same-sex couples in Germany were granted the right to marry. While the legislator’s decision was celebrated at the time, much remains to be done. In particular, the law...
