Although minority communities have long complained of racial profiling by police, their claims have generally been dismissed until proven by empirical evidence. And so it was with the New York...
Developing the Customary Law to Give Effect to the Constitutional Commitment to Substantive Equality: Mayelane v Ngwenyama
The South African Constitution expressly provides for the horizontal application of the Bill of Rights, stating that these rights apply to all law. Section 39(2) also states that when interpreting...
Floyd v City of New York: Promise and Challenges in Reforming Stop and Frisk
The New York City Police Department (NYPD)’s controversial stop and frisk program was dealt its most significant legal blow when a federal court judge ruled the practice unconstitutional for its...
Plenty of evidence to support the Public Sector Equality Duty
The Public Sector Equality Duty (PSED) is a key feature of the Equality Act 2010 and an essential tool to achieve this legislation’s objectives of eliminating discrimination, advancing equality and...
Transsexual Persons Can Get Married in Hong Kong in a Year’s Time
On 16th July, the Hong Kong Court of Final Appeal in W v. The Registrar of Marriages made a declaration that the words “woman” and “female” in the Matrimonial Ordinance...
The Liberty-Equality Debate: Comparing the Lawrence and Naz Foundation Rulings
Last month marked the 10 year anniversary of Lawrence v Texas, where the US Supreme Court ruled that laws that criminalised sodomy were unconstitutional. Like June 26 2013, June 26...
Justice Edwin Cameron on the United Nations Free and Equal Campaign
On Friday 26th July, in Cape Town, the United Nations launched a new international campaign to counter homophobia, dubbed the Free and Equal Campaign. I was privileged to share the...
Is it Time for the US Supreme Court to Come Out of the Closet?
In a follow-up post to his previous analysis of Windsor v. United States, Karl Laird examines which constitutional provisions were invoked in the US Supreme Court decision. Now that a...
Abortion Law Reforms in Ireland
In A, B & C v. Ireland the European Court of Human Rights held that Ireland must end its 20-year delay in legislating for the limited constitutional right to abortion,...
Shelby County v Holder: Disconcerting Aspects of the US Supreme Court’s Decision and its Impact on the Right to Vote
On the second day of what many consider one of the most eventful weeks in US Supreme Court history, the Court issued its decision on the Voting Rights Act (VRA)...
The Inter-American Anti-Discrimination Conventions and the Concealed Challenges Ahead
On 5 June 2013, the Organisation of American States (OAS) adopted the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (the Anti-Racism Convention) and the Inter-American Convention...
Affirmative Action in South African Universities: What Does Race Represent?
Editor’s note: Following the US Supreme Court’s decision last week in Fisher the OxHRH will be running a series of posts that offer international perspectives on affirmative action. In this...