Proportionality in theory, not practice: Internet Rights in Indian Courts
Although Indian Courts have adopted a structured five-prong proportionality test in cases such as Modern Dental College [2016] and KS Puttaswamy [2017] to determine the validity of the State’s restriction...
Blazing The Trail: Kenya’s Supreme Court Rejects the Regional Court’s Merit Review of its Judgments
On 31 May 2024, Kenya’s Supreme Court (‘the Court’) delivered the Advisory Opinion in AG v Karua, Reference E001 of 2022 (‘the reference’), which rejected the intrusive approach of the...
India’s Rights of Persons with Disabilities Act 2016: An Unfulfilled Promise
India’s enactment of the Rights of Persons with Disabilities (RPWD) Act 2016 was a pivotal step towards aligning its legal framework with the UN Convention on the Rights of Persons...
Supreme Federal Court of Brazil Resumes Discussions on Decriminalisation of Personal Use of Cannabis
In 2006, Brazil implemented a new drug law which continued to criminalise various activities related to illegal drugs, such as buying, possessing, transporting, or cultivating them for personal use. However,...
UK Court Safeguards Fundamental Right to Protest: Liberty v Secretary of State for the Home Department
The UK Divisional Court has found that the Home Secretary acted unlawfully when introducing Regulations which lowered the threshold for the use of police powers to impose conditions on public...
When I Use a Word, It Means Just What I Want It to Mean: Two Examples of the Separation of Powers Under Threat
The Post Office (Horizon System) Offences Act 2024 quashes hundreds of convictions including those of a factually guilty minority. The Safety of Rwanda (Asylum and Immigration) Act 2024 declares ‘conclusively’...
Grindr goes to Court (Part II): Individuals’ HIV Status and the Right to Private Life
Part I of this blog examined the protection of an individual’s HIV status under the UK’s data protection regime in the context of ongoing litigation against Grindr. Part II examines...
Amnesty in Spain: Union through Reconciliation
On 30 May 2024, despite its rejection by the upper chamber, the lower chamber of the Spanish Parliament passed the Amnesty Act 2024 ‘for the institutional, political and social normalisation...
Wrongly Denied – The Constitutional Right to Same-Sex Marriage in Hong Kong
In recent years, Hong Kong has experienced an unprecedented bloom of local jurisprudence that upheld spousal rights of same-sex couples, be it parental rights in AA v BB [2021] HKCFI...
Mapping the global crackdown on LGBTIQ rights
On 17 May 1990, the World Health Organisation (WHO) removed homosexuality from the International Classification of Diseases (ICD), thereby taking an important first step towards addressing and removing the stigma...
Military Justice in the Spotlight (Again): R v Edwards in the Supreme Court of Canada
Military justice is in the spotlight again with the Supreme Court of Canada’s judgment in R v Edwards [2024] SCC 15, where the majority upheld the constitutionality of Canada’s military...
Lahore High Court Strikes Down the Discriminatory Gender-Based Age Difference in the Definition of ‘Child’ in the Child Marriage Restraint Act 1929
About 18.3% of girls and 4.7% of boys in Pakistan are married before the age of 18. Child marriage is a human rights violation which affects both genders. However, it...
