28 June 2024
Growing the Living Tree
On 21 June 2024, the High Court of Namibia in Friedel Laurentius Dausab vs. The Minister of Justice unanimously held that laws criminalizing same-sex relationships are unconstitutional and invalid. The judgment significantly advances anti-discrimination law jurisprudence in Namibia, particularly in relation to the grounds of sexual orientation and the interpretation of constitutional equality provisions. Continue reading >>
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09 February 2024
Women’s Rights and the Russian Constitution
Since the beginning of Russia’ aggression against Ukraine, the government’s rhetoric has become more conservative and nationalistic. In 2022-2023, Russia witnessed the introduction of a slew of oppressive legislation directly violating human rights. Against the backdrop of Putin’s focus on the fight against the ‘enemies’ and Russia’s isolation due to ‘fighting for the right cause’ women once again became the target of regulation with a steady and consistent assault on their human rights, particularly reproductive rights. Moreover, as women actively participate in anti-war protests, the authorities have been treating women more harshly during arrest, trial and sentencing as various reports show. Nevertheless, women continue to fight for their rights and freedoms in courts and on the streets, hoping for change. Continue reading >>
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22 October 2023
When Discrimination is Not Enough
The Supreme Court, India’s apex constitutional court, recently delivered its disappointing decision in Supriyo Chakraborty v Union India (Supriyo), rejecting marriage equality in Indian law. The much-awaited decision was heard by a constitution bench (five judges) of the Supreme Court and dealt with far-reaching questions of both Indian constitutional law and family law. The decision is characteristic of the Indian Supreme Court’s ongoing phase of great deference to the executive and legislative branches but also marks a sharp and worrying break from the court’s otherwise progressive jurisprudence on issues of gender and sexuality. Continue reading >>
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09 July 2023
Harvard’s Diversity Chicken Comes Home to Roost
The US Supreme Court's decision in Students for Fair Admission is a potential blessing. Diversity was always a problematic justification for race-based admissions programs. Diversity's origins are anti-Semitic. More likely, however, the decision will be a curse. The United States Supreme Court has made the pathway for disadvantaged minorities more difficult. Continue reading >>24 May 2023
Marriage Equality at the Doors of the Indian Supreme Court
A five-judge bench of the Supreme Court of India recently heard over 20 petitions seeking marriage equality. The significance of a positive declaration cannot be overstated. It would make India only the second country in Asia to recognize LGBTQ+ marriages. As India becomes the world’s most populous country this year, a favorable decision would also mean that an estimated 17.7% of the world’s population would come under a marriage equality regime which is more than the cumulative population of the 34 countries that currently recognize such marriages (17% of the global population). Continue reading >>
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23 March 2023
An Interactive Relationship
In reflections on fifty years of membership, the employment of women is often identified as a tangible example of how membership changed Ireland. Concretely, in the years immediately following accession, the state was required to enact legislation on equal pay and equal treatment for women and men in employment. This narrative tends to place emphasis on EU law as a cause of law reform in Ireland. 50 years on, both Irish and EU equality law have expanded significantly. Continue reading >>
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11 October 2022
From Marginalization to Reproductive Justice
On 29th September 2022, a three-judge bench of the Indian Supreme Court passed its final order in a petition concerning the right to abortion for unmarried women. In a major progress for reproductive justice in India, the court decided in favour of unmarried women and recognized their equal right to access abortion. If followed, this judgment can potentially expand the wider access to sexual and reproductive health services for a range of groups. This marks a clear divide from previous approaches of the Supreme Court towards sexual and reproductive health. Continue reading >>
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20 July 2021
Does Where You (Legally) Stand Depend On Where You Sit?
On July 8, 2021, the Israeli Supreme Court rejected the petitions challenging Basic Law: Israel as the Nation of the Jewish People, enacted almost three years earlier. The so-called Hasson decision not only raises important questions about the relationship between legal and political struggles, it also calls into question the constitutional foundations of equality and democracy. Continue reading >>
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26 October 2020
Women, Rape Law and the Illusory Sex Equality Clause in the Bangladeshi Constitution
Earlier in October, a video of a group of men attacking, stripping, and sexually assaulting a woman went viral in Bangladesh. Incidents of rape and sexual assaults like this are a window into understanding the state of sex-based inequality in a given society. The laws, however, must be taken into account as well, particularly if they reflect an essential male perspective and are written in gender-insensitive terms. I will explain below that in case of Bangladesh, sex-based inequality gets revealed when an illusory sex-equality clause of Bangladesh Constitution intersects with the country’s crippled commitment to the Women Convention, and sex-based inequality gets manifested through the retention of colonial-era substantive and procedural legal framework. Continue reading >>19 July 2020
Undercutting Internet Governance in Brazil
On June 30, 2020, the Brazilian Senate approved Draft Bill No. 2.630 of 2020, also known as “The Fake News Bill”. This bill applies to internet platforms with over 2 million users and seeks to address the warranted concerns presented by the recent spread of online disinformation and defamatory content. As it currently stands, the bill does little to address the individuals and organizations who finance the spread of fake news across social media platforms in Brazil. It also poses threats to user privacy, access to the internet, and freedom of association. Continue reading >>
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