Levenstein: A Case to End Prescription of All Sexual Offences in South Africa
Widely considered the most progressive constitution in the world, the South African Constitution contains an inclusive and wide reaching Bill of Rights. Amongst these rights, the Bill guarantees every citizen...
The View Beyond Brexit: Equality Rights in Northern Ireland After Divorce (with Evelyn Collins)
The EU has played an important role both internationally and domestically in EU member states, in developing and protecting equality rights in the interest of ensuring peace and security. UK...
The Supreme Court of India Reads down the Marital Rape Exception: A Partial Victory for Women’s Rights Advocates
In a recent case, Independent Thought v. Union of India and Anr, a division bench of the Supreme Court of India partially read down an archaic exception to the offense...
Production, reproduction and empowerment: the future of women in Africa
Many women in Africa are congregated in poorly paid and precarious work (ILO, 2016) and have very high rates of school dropout and maternal mortality and child morbidity. This is...
A Step in the Right Direction for Minority Gender Recognition in Germany
In its decision from October 10 2017, published on November 8 – just on the Intersex Day of Solidarity – the German Constitutional Court (BVerfG) has ruled that certain provisions...
Consent In Indian Rape Law: A Case For An Objective Standard Of Determining Consent
Section 375 of the Indian Penal code defines rape as the offence committed by a man having sexual intercourse with a woman “without her consent”. Since criminal law attempts to...
Farooqui v State Government of Delhi: Confusing Consent
The recent Delhi High Court judgment acquitting Mahmood Farooqui of rape is problematic as it appears to create a new test for consent The court held that a ‘no’, even...
Child Marriage before the Indian Supreme Court
The Supreme Court of India on 11th October 2017 ruled that sexual intercourse or sexual acts by a man with his minor wife would amount to rape for the purposes...
CJEU in Kalliri: Solidifying Indirect Sex Discrimination
Does the European Council Directive 76/207 (as amended by Directive 2002/73), which implements the principle of equal treatment between men and women, preclude a national provision which makes admission of...
Separate but Equal? Gender Segregation in UK Schools
In HM Chief Inspector of Education, Children’s Services and Skills v Al-Hijrah School, the UK Court of Appeal has concluded that sex segregation in education is discriminatory. Al-Hijrah school is...
Triple Talaq and Women’s Rights in the Indian Supreme Court
The Indian Supreme Court’s multi-religious Constitutional bench, in its much anticipated majority decision in the Shayara Bano case, has ruled the practice of triple talaq to be unconstitutional. The practice...
The Case For Recognition Of Muslim Marriages In South Africa
The South African Constitution guarantees all of its citizens the right to equality, dignity, freedom of religion and belief as well as the right to protection against arbitrary deprivation of...
