Failure of the Indian Supreme Court to Protect the Rights of Dalits
The Indian society is characterised by a caste system, which is a hierarchical social stratification based on descent and occupation. Members of the scheduled castes, also referred to as Dalits...
The CERD Committee on Discrimination Against Non-Citizens
In a previous blog post I explained the Convention on the Elimination of All Forms of Racial Discrimination’s (CERD) first three inter-State communications submitted under Article 11 CERD, specifically that...
The Sustainable Development Goals: “Leaving No-One Behind” Means Recognising the Role of Equality Law
This week, states are meeting at the UN General Assembly to review progress towards the achievement of the Sustainable Development Goals (SDGs). Among other things, they are considering the outcomes...
Direct or Indirect Discrimination: Same Difference?
Should a finding of indirect discrimination be sanctioned in the same way as a finding of direct discrimination? A recent case confronted the Belgian Constitutional Court with precisely this question....
The Fair Housing Act in the Trump Era: A Proposed Agency Rule Will Seriously Dilute Disparate-Impact Liability
Galvanized by the assassination of Dr. Martin Luther King in 1968, the U.S. Congress adopted the Fair Housing Act (FHA) to outlaw discriminatory practices in the sale, rental, and financing...
NDAs in Discrimination Cases: UK Women and Equalities Select Committee Report & Collective/Individual Justice Dilemmas
In June 2019 the UK Parliament’s Women and Equalities Select Committee (‘WESC’) published a report on the use of non-disclosure agreements (‘NDAs’) in discrimination cases, focussing on settlement. This built...
Poverty in the UK is violating human rights. What’s next?
Last week, we presented the findings of our investigation into poverty in the United Kingdom to the UN Human Rights Council. Some have asked why the UN Special Rapporteur on...
Religious minorities in Austria lose Good Friday as a public holiday
For the first time since 1952, this year, Good Friday on the 19thApril was not a public holiday for employees who are members of the Evangelical Churches of the Augsburg...
Brown v. Board of Education at 65: A Job Still Undone
This month marks the 65th anniversary of Brown v. Board of Education, the U.S. Supreme Court’s landmark decision that declared racial segregation in public schools to be unconstitutional. When he...
Gym Use and Changing Rooms: the illegality and chilling effect of (trans)gender segregation
A recent, high-profile article published on HuffPost claimed that the popular leisure group – David Lloyd Leisure – had decided to exclude all trans persons from their preferred gender segregated...
CJEU: Austrian Good Friday legislation constitutes direct discrimination on the grounds of religion
Under Austrian law, Good Friday is a public holiday only for members of the Evangelical Churches of the Augsburg and Helvetic Confessions, the Old Catholic Church, and the United Methodist...
Indian Supreme Court on Dance Bar Regulations: Victory for Bar Dancers?
A two-judge bench of the Supreme Court of India (‘SC’) recently relaxed the stringent conditions imposed by the Maharashtra government for obtaining licenses and running dance bars, public establishments which...
