Clause Seven of the Bill of Rights Bill: Diluting Rights Protection and Undermining Parliamentary Democracy
Image description: The Lord Chancellor of the United Kingdom and his attendants If enacted in its present form the Bill of Rights Bill would compromise judicial independence, dilute ECHR rights...
Shinn v Martinez Ramirez: Making a Mockery of the Right to Effective Assistance of Counsel
Image description: Lawyer addresses jury in a US courtroom. Last month, the Supreme Court of the United States decided that federal courts cannot consider evidence of ineffective trial lawyering if...
Israeli Settlements in Occupied Territories: Assessing ‘Continuing Crimes’ Against the Principle of Legality Before the ICC
Image description: Protesters march beneath a banner saying “Freedom for Palestine” On 8 July 2021, a report of the Special Rapporteur on the state of human rights in Palestinian territories...
Proposed Reforms to the UK Human Rights Act
Image description: A UK official stands at a podium with a banner behind reading ‘Human Rights and Democracy’ In December 2021, the UK Government released its consultation document proposing changes...
Leigh v Commissioner for the Police of the Metropolis: Fundamental Rights during COVID
Image description: Large collection of lit candles amidst darkness In Leigh v Commissioner for the Police of the Metropolis [2022] EWHC 527, the High Court ruled that the Metropolitan Police...
Corroboration as Sex Discrimination: The Equality Implications of Sexual Offence Cases in Malawi
Image description: Graffiti on the wall of three women with red blindfolds over their eyes. In Kaliyati v R (Criminal Appeal 109 of 2018) [2020], judge Fiona Mwale asserts that...
Indian Supreme Court on Gender Sensitisation of Judges: Aparna Bhat & Ors v State of Madhya Pradesh & Anr
To achieve gender justice, it is critical that the judiciary avoid stereotypes and social biases to strengthen a judicial system that guarantees women access to fair and gender-sensitive judgments. In...
The Struggle to Establish Human Rights Courts in India: An Unfulfilled Promise
A petition was filed by Bhavika Phore on July 8, 2019, in the Supreme Court of India seeking to solidify human rights protections in India and gain statutory redressal under...
Protocol No. 15 to the ECHR: a new era of subsidiarity or a symbolic change?
Protocol No. 15 to the European Convention on Human Rights came into force in August 2021. It introduced several amendments, including the controversial addition of a recital to the Preamble,...
Kurt v Austria: ECHR Positive Obligations Without a Coercive Sting?
A terrible family drama reopens the debate about the coercive sting of ECHR positive obligations Measures to prevent crime have always been considered part of the positive obligations under Article...
Inevitability as the New Discrimination Defence: UK Supreme Court Mangles Indirect Discrimination Analysis While Finding the Two-Child Limit Lawful
The UK Supreme Court has delivered its long-awaited judgment in R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and...
Mandatory Vaccination in the Czech Republic does not Violate Human Rights
Vavřička and Others v. the Czech Republic (8 April 2021) concerned the legal obligation of parents in the Czech Republic to vaccinate their children against ten diseases that are well-known...
