Right against Torture

A Backwards Step for Human Rights Law in Victoria: Bare v Independent Broad-based Anti-Corruption Commission

A Backwards Step for Human Rights Law in Victoria: Bare v Independent Broad-based Anti-Corruption Commission

In July 2015, the Victoria Court of Appeal, Australia, handed down a landmark decision in Bare v Independent Broad-based Anti-corruption Commission (‘Bare’). The Court held that Victoria’s Charter of Human...
The Mau Mau Litigation – Justice at Last

The Mau Mau Litigation – Justice at Last

It is rare for the British Government to apologise for state sponsored human rights abuses, particularly if they took place over 50 years ago. But in September 2015 the British...
The Execution of Justice in Venezuela

The Execution of Justice in Venezuela

In 2009, Judge María Lourdes Afiuni released a political prisoner on bail. Hours after the judgment was delivered, the late President Hugo Chávez appeared on national television, labelling Afiuni a...
The Mandatory Death Penalty and Narratives of the Common Law

The Mandatory Death Penalty and Narratives of the Common Law

Some people say the common law is all about narrative. A story gets told, then retold and retold and with each retelling it changes a little. Most of the work...
Glossip v. Gross: SCOTUS Affirmation of Underdeveloped Science for the Lifeline of the Death Penalty

Glossip v. Gross: SCOTUS Affirmation of Underdeveloped Science for the Lifeline of the Death Penalty

On 29 June 2015, in Glossip v. Gross 576 U. S. ____ (2015), Justice Alito gave the majority opinion (joined by Roberts C.J., and Scalia, Kennedy and Thomas, J.J.), which...
Mexico’s Torture Problem

Mexico’s Torture Problem

The UN Special Rapporteur on Torture’s finding that ‘torture in Mexico is generalized’ drew an uncharacteristically sharp response from the Mexican Government, which accused Juan Méndez of being ‘irresponsible and...
Hutchinson v UK – A Change in Direction on Whole Life Orders?

Hutchinson v UK – A Change in Direction on Whole Life Orders?

The European Court of Human Rights (ECtHR) has ruled in Hutchinson v UK that the imposition of a ‘whole life order’ for murder does not violate Article 3 ECHR. The...
Northern Ireland’s Human Rights Commission Granted Leave for Judicial Review to Challenge the Country’s Near-Blanket Ban on Abortion

Northern Ireland’s Human Rights Commission Granted Leave for Judicial Review to Challenge the Country’s Near-Blanket Ban on Abortion

Unlike the rest of the UK, Northern Ireland is not covered by the Abortion Act 1967. If you are a woman living there who wishes to terminate a pregnancy, the...
Whole Life Sentences in Hutchinson v UK – Compromise or Concession?

Whole Life Sentences in Hutchinson v UK – Compromise or Concession?

In Hutchinson v UK, the ECtHR again addressed the vexed question of the compatibility of whole life sentences with human rights law. This post analyses the Chamber decision, recognising the...
Prisoner Rights at the Forefront of Canadian Debates

Prisoner Rights at the Forefront of Canadian Debates

Over the past month, two major developments have placed the constitutionally protected rights of prisoners front and centre in the Canadian press. The first of these developments is at the...
Capital Punishment in China: Room for Cautious Optimism?

Capital Punishment in China: Room for Cautious Optimism?

Recent weeks have seen the resumption of executions in Jordan, after an 8-year de facto moratorium, and in Pakistan, following the murderous terrorist attack on a school in Peshawar, along...
The Duty of National Authorities to Investigate Allegations of Torture

The Duty of National Authorities to Investigate Allegations of Torture

Proponents of universal jurisdiction for international crimes will be gratified by the judgment of the Constitutional Court of South Africa in the case of National Commissioner of the South African...

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