Race

Religious Discrimination, Headscarves and ‘exclusive neutrality’: backsliding by the CJEU

Religious Discrimination, Headscarves and ‘exclusive neutrality’: backsliding by the CJEU

In OP v Commune d’Ans the Court of Justice of the European Union (CJEU) returned to religious discrimination and headscarves, this time in the public sector workplace. Although the CJEU...
Silencing the Indigenous Voice: How Australians Have Failed Their Own People Part II

Silencing the Indigenous Voice: How Australians Have Failed Their Own People Part II

The first part of this blog series addressed the background to the referendum and the Constitution of Australia, including how it derives from racially discriminatory beliefs which would later be...
Silencing the Indigenous Voice: How Australians Have Failed Their Own People Part I

Silencing the Indigenous Voice: How Australians Have Failed Their Own People Part I

Last week’s failed referendum affirms the deep-seated racial prejudice embedded in Australia’s public institutions, and demonstrates how this marginalisation continues to be perpetrated by the Australian populace more broadly. Following...
Queensland’s Suspension of Human Rights Act for Youth Detention

Queensland’s Suspension of Human Rights Act for Youth Detention

The state government of Queensland in Australia has suspended its Human Rights Act, paving the way for the indefinite confinement of children, some as young as 10 years, in police...
US Affirmative Action Series

US Affirmative Action Series

On 29 June 2023, the Supreme Court of the United States, in a majority decision, held that race-based affirmative action programs in college admissions processes violate the Equal Protection Clause...
Minority v Minority Only Benefits the Privileged

Minority v Minority Only Benefits the Privileged

The US Supreme Court’s decision Students for Fair Admissions v Presidents and Fellows of Harvard College (2023) dealt a blow to substantive equality in education. The petition claimed that providing...
After SFFA v. Harvard, Universities Must Hold the Line

After SFFA v. Harvard, Universities Must Hold the Line

In Students for Fair Admissions v. Harvard (SFFA), the Supreme Court further limited a university’s right to consider race during admissions. This follows decades of caselaw restricting voluntary race-based measures...
(Un)Learning from the US Supreme Court’s Affirmative Action Judgement: A South African Perspective

(Un)Learning from the US Supreme Court’s Affirmative Action Judgement: A South African Perspective

As explored in a recent blog (here), in Students For Fair Admissions, Inc. v President and Fellows of Harvard College, the US Supreme Court has held that Harvard and the...
The United States Supreme Court Puts an End to the Consideration of Race in University Admissions and Potentially Increases Racial Trauma for Applicants

The United States Supreme Court Puts an End to the Consideration of Race in University Admissions and Potentially Increases Racial Trauma for Applicants

On June 29, 2023, in a 6-3 decision by ideological lines, with a republican and conservative majority, the United States Supreme Court decided in Students for Fair Admissions, Inc. v....
Equality Doesn’t Always Mean Integration: The Right to Education for Neurodiverse People

Equality Doesn’t Always Mean Integration: The Right to Education for Neurodiverse People

Image Description: A young woman with pink hair is tossing her head in joy. Proponents of the rights of people with disabilities widely subscribe to the social model of disability:...
Protecting Anti-Apartheid Songs Under the Rubric of Free Speech

Protecting Anti-Apartheid Songs Under the Rubric of Free Speech

Image description: Crowd of women, men, and children pictured dancing to music at Umgababa, South Africa Music is a common feature of political environments in sub-Saharan Africa (SSA): politicians typically...
Examining Racial-Profiling Complaints in the Age of Subsidiarity: Basu v Germany and Muhammad v Spain

Examining Racial-Profiling Complaints in the Age of Subsidiarity: Basu v Germany and Muhammad v Spain

Image Description: Two policemen in uniform standing with their backs to the camera. On 18 October 2022, the European Court of Human Rights (‘ECtHR’)’s Third Section passed judgment in Basu...

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