Recent stories which have been covered by the ERT.
Tuesday 10th August 2010 New Issue of The Equal Rights Review Published by ERT Today, The Equal Rights Trust published Volume Five of The Equal Rights Review (ERR), an interdisciplinary biannual journal intended as a forum for the exchange of legal, philosophical, sociological and other ideas and practical insights for those who are promoting equality. This volume also contains a special section on Kenya. Click here for the full story
Monday 9th August 2010 Proposition 8 Thrown Out by Californian Court On 4 August 2010, the Californian District Court, in the case of Perry, Stier, Katami and Zarrillo v. Schwarzenegger, Brown, Horton, Scott, O’Connell and Logan, (2010) C09-2292 VRW, held that Proposition 8, an amendment to the California State Constitution providing that marriage is valid only between heterosexual persons, was unconstitutional. Click here for the full story
Tuesday 20th July 2010 Slovenia Held to Account for Practice of “Erasure” by European Court On 13 July 2010, the European Court of Human Rights (ECtHR), in the case of Kuric and others v. Slovenia (application no. 26828/06), ruled that the “erasure” of the applicants from the Slovenian Register of Permanent Residents and the resulting severe repercussions this had for their private and family life constituted a violation of Article 8 (private and family life) of the European Convention on Human Rights (ECHR). The ECtHR also found that Slovenia violated Article 13 of the ECHR as it failed to provide the applicants with an effective remedy before a domestic authority. Click here for the full story
Monday 19th July 2010 ERT Launches “Unravelling Anomaly: Detention, Discrimination and the Protection Needs of Stateless Persons” Today, The Equal Rights Trust (ERT) launches its report “Unravelling Anomaly: Detention, Discrimination and the Protection Needs of Stateless Persons”. The report, which is the result of two years of research, reflection and debate, is ERT’s contribution to a growing body of expertise on statelessness. Click here for the full story
Monday 17th May 2010 ERT Calls for LGBTI Equality on International Day against Homophobia and Transphobia On the occasion of the International Day against Homophobia and Transphobia, the Equal Rights Trust (ERT) calls upon all countries to repeal laws that perpetuate LGBTI discrimination and for human rights organisations to put LGBTI equality among their strategic priorities. This year the International Day against Homophobia and Transphobia is focused on exposing and opposing the negative impact of religious fundamentalist discourses and giving visibility to voices who are working for inclusion, tolerance and peace. Click here for the full story
Monday 19th April 2010 Indian Supreme Court Limits Application of Disability Discrimination Law On 31 March 2010, the Supreme Court of India, considering the cases of Dalco Engineering Private Ltd v. Shree Satish Prabhakar Padhye & Ors and Fancy Rehabilitation Trust & Anr v. Union of India & Ors, held that the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 was not applicable to private companies.
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Friday 9th April 2010 United Kingdom Passes New Equality Act On 8 April 2010, the United Kingdom (UK) Parliament passed the Equality Act 2010. The Act harmonises existing equality law which previously had been spread across numerous separate pieces of legislation. Click here for the full story
Thursday 1st April 2010 Bulgarian Courts Discriminate Against Roma On 25 March 2010, the European Court of Human Rights (ECtHR), in the case of Paraskeva Todorova vs. Bulgaria (Application no. 37193/07), ruled that the Bulgarian courts had discriminated against a Romani woman, in deciding to impose a custodial rather than the suspended sentence recommended by the prosecution. The ECtHR found that in so doing, the Bulgarian courts had motivated their decision on the basis of her ethnic origin. Click here for the full story
Tuesday 30th March 2010 LGBT and Disability Rights Protected by New Law in Scotland On 24 March 2010, the Offences (Aggravation by Prejudice) (Scotland) Act 2009 came into force. The Act, which was passed by the Scottish Parliament on 3 June 2009, creates new statutory offences to protect victims who are targeted because of their disability, sexual orientation or transgender identity. Click here for the full story
Thursday 18th March 2010 Segregation of Roma School Children in Croatia Found Discriminatory Due to Failure to Address Special Needs On 16 March 2010, the Grand Chamber of the European Court of Human Rights (the Court), in the case of Oršuš and Others v. Croatia (Application no.15766/03), ruled that Croatia discriminated against 15 Roma children who were segregated into separate school classes. Click here for the full story
Thursday 11th March 2010 Strasbourg Court Says Refusal to Recognise Cohabitation of Gay Partners Violates Article 14 On 2 March 2010, the European Court of Human Rights in the case of Kozak v. Poland (application No. 13102/02) found that a same-sex partner should be able to succeed to a tenancy held by their deceased partner. The Court held that the Polish authorities’ exclusion of same-sex couples from succession could not be justified as necessary for the legitimate purpose of protection of the family and was a violation of the right to non-discrimination under Article 14 of the European Convention on Human Rights. Click here for the full story
Thursday 25th February 2010 Albanian President Signs Comprehensive Anti-discrimination Law On 24 February 2010, Albanian President Bamir Topi signed Law No. 10 221 “On Protection from Discrimination” adopted by the Albanian parliament earlier this month. The entry into force of this law is a significant step forward for the protection of equality and non-discrimination in Albania. Click here for the full story
Monday 22nd February 2010 New Issue of The Equal Rights Review Published by ERT Today, The Equal Rights Trust published Volume Four of The Equal Rights Review (ERR), an interdisciplinary biannual journal intended as a forum for the exchange of legal, philosophical, sociological and other ideas and practical insights for those who are promoting equality. This volume also contains a special section on the issue of sexual orientation. Click here for the full story
Friday 29th January 2010 ERT Joins Leading Kenyan NGOs in Call for Equality to be Put at Centre of New Constitution The Equal Rights Trust (ERT) yesterday joined the Kenyan Human Rights Commission (KHRC) and the Federation of Women Lawyers Kenya (FIDA) in calling on Kenya’s parliamentarians to put the rights to equality and non-discrimination at the heart of the country’s new Constitution. The three organisations issued a joint communiqué amid fears that the Parliamentary Select Committee (PSC) appointed to resolve controversial issues in the draft Constitution might remove or amend key equality provisions in the search for compromise. The PSC published its report today, 29 January. The report is being passed to the Committee of Experts who will undertake a further review before a final draft is debated in parliament.
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Thursday 28th January 2010 ERT Urges Moldova to Amend Constitutional Clause on Equality On 27 January 2010, The Equal Rights Trust submitted an expert opinion to Mihai Ghimpu, Acting President of the Republic of Moldova and Chairperson of the Moldovan Commission on Constitutional Reform, arguing that Article 16 (Equality of Rights) of the Constitution of the Republic of Moldova (the Constitution) falls short of international human rights standards. In its letter, ERT also made recommendations for amendments which would better reflect the Republic of Moldova’s commitment to human rights. Click here for the full story
Tuesday 19th January 2010 700 Years of Solitude – The Human Cost Paid by Stateless Detainees at Guantanamo Bay he Equal Rights Trust (ERT) has called on US President Barack Obama to release 103 potentially stateless detainees who have been cleared for release from Guantanamo Bay, but remain in detention solely because it is not possible to resettle them. Research undertaken by the Trust indicates that between them, the 103 detainees may have spent more than 700 years in detention Click here for the full story
Tuesday 5th January 2010 Equal Rights Trust Calls on Malaysian Government to Grant Residency to Rohingya The Equal Rights Trust (ERT) today calls on the government of Malaysia to grant legal residency to the estimated 30,000 stateless Rohingya refugees currently living in the country. In its report, Trapped in a Cycle of Flight: Stateless Rohingya in Malaysia, ERT praises the government for the recent steps it has taken to improve the immigration regime but urges it to go further, reversing the current policy which treats the Rohingya as illegal migrants. Click here for the full story
Thursday 10th December 2009 UN Human Rights Day 2009 Devoted to the Fight against Discrimination On 10 December - international Human Rights Day - The Equal Rights Trust (ERT) invites new endorsements of the Declaration of Principles on Equality, a set of key principles drafted and signed by 128 leading experts and launched by ERT in October 2008. With this renewed appeal, ERT responds to the initiative of the UN High Commissioner on Human Rights to declare discrimination as the theme of Human Rights Day 2009. Click here for the full story
Wednesday 9th December 2009 Homophobic Bill is Unconstitutional and in Breach of International Law The Equal Rights Trust (ERT) has submitted a legal brief to Ugandan President Yowere Museveni outlining how adoption of the Anti-Homosexuality Bill currently being debated would breach both Uganda’s Constitution and its international treaty obligations. Click here for the full story
Monday 7th December 2009 On the Occasion of Human Rights Day, ERT Will Urge World Leaders to Act on Discrimination On the occasion of Human Rights Day 2009 – which the UN High Commissioner for Human Rights recently declared would focus on non-discrimination – the Equal Rights Trust (ERT) will issue a series of specific appeals to nine governments and parliaments to act on discrimination. Click here for the full story
Friday 27th November 2009 Equal Rights Trust Urges Commonwealth Heads of Government to Condemn Homophobic Laws In advance of the Commonwealth Heads of Government meeting this weekend, the Equal Rights Trust (ERT) has called on the Heads of Government to condemn an Anti-Homosexuality Bill recently introduced in the Parliament of Uganda and to take urgent action to repeal existing homophobic laws across the Commonwealth. Click here for the full story
Thursday 29th October 2009 USA: New legislation extends hate crime law to cover gender, disability, sexual orientation and gender identity Yesterday, US President Barack Obama signed new legislation which extends federal hate crime law to cover crimes motivated by actual or perceived gender, disability, sexual orientation or gender identity. Click here for the full story
Monday 19th October 2009 ERT Urges Malian Parliament to Improve and Pass New Family Code Today, the Equal Rights Trust (ERT) has called on members of the National Assembly of Mali to ensure that the draft Persons and Family Code is not regressively amended in response to concerns about the extension of equal rights for women. Click here for the full story
Thursday 1st October 2009 ‘Leveling Down’ Pensions in Latvia Does Not Remedy Discrimination On 30 September 2009, The Equal Rights Trust (ERT) submitted an expert opinion on the proposed amendments to the State Pensions Act to Latvia’s Saeima (Parliament). The amendments in question are a response to the European Court of Human Rights judgment in the case of Andrejeva v. Latvia (application no. 55707/00, judgment of 18 February 2009). Click here for the full story
Friday 25th September 2009 Policy Report on Religion and Healthcare in the European Union The Equal Rights Trust is pleased to announce the publication of Religion and Healthcare in the European Union: Policy Issues and Trends, a policy research report commissioned by the Network of European Foundations, in the framework of its ‘Religion and Democracy in Europe’ initiative. The report presents an analytical discussion of health policy issues on which religion has an impact. Click here for the full story
Friday 18th September 2009 ERT Urges Sudanese Parliament to Repeal Indecency Law In a letter sent on 17 September 2009, ERT expressed concern about the discriminatory application of Article 152, which has been used to target women and non-Muslims, and has disproportionately affected both categories of persons. The letter also echoes concerns that whipping, the prescribed punishment for breaching Article 152, constitutes cruel, degrading and inhuman treatment. Click here for the full story
Tuesday 8th September 2009 Female Same-sex Couples Receive Increased Parental Rights Click here for the full story
Thursday 20th August 2009 Philippines President Signs into Law the Magna Carta of Women On 14 August 2009, President Gloria Macapagal-Arroyo signed into law Republic Act 9710 (the Magna Carta of Women). The Magna Carta of Women seeks to eliminate discrimination against women by recognising, protecting, fulfilling and promoting the rights of Philippino women in all spheres of society. Click here for the full story
Monday 20th July 2009 Constitutional Court of Slovenia Upholds Equal Rights for Same Sex Partners On 2 July 2009, the Constitutional Court of Slovenia held that Article 22 of the Registration of Same Sex Partnerships Act (RSSPA) violated the right to non-discrimination under Article 14 of the Constitution on the ground of sexual orientation. The decision was handed down in the case of Blažic and Kern v. Slovenia U-I-425/06-10. The applicants challenged Article 22, which sets out the inheritance regulations for same sex partnerships, on the basis that it regulated inheritance for same sex partners differently, and less favourably, than the Inheritance Act regulated inheritance for opposite sex partners. Click here for the full story
Monday 13th July 2009 ERT Submits Written Comments to Moldovan Government on Draft Anti-discrimination Law On 10 July 2009, The Equal Rights Trust (ERT) submitted written comments to Vitalie Pârlog, Minister of Justice of the Republic of Moldova on the Draft Law on Preventing and Combating Discrimination. The Draft Law aims to ensure the enjoyment by all persons in the territory of Moldova to equal rights and equal treatment in political, economic, social and other spheres of life. Click here for the full story
Friday 10th July 2009 New Issue of The Equal Rights Review Published by ERT Today, The Equal Rights Trust published Volume Three of The Equal Rights Review (ERR), an interdisciplinary biannual journal intended as a forum for the exchange of legal, philosophical, sociological and other ideas and practical insights for those who are promoting equality. This Volume also contains a special section on the issue of Stateless persons in detention.
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Friday 3rd July 2009 UK Employment Appeals Tribunal Rules in Favour of Male Claimants in Equal Pay Case In a ruling handed down by the UK Employment Appeals Tribunal (McAvoy, Llewellyn and others v. South Tyneside BC, Hartlepool BC, and Middlesbrough BC), on the 24 June 2009, a group of male employees successfully brought an equal pay claim against their employers – three Borough Councils in North-East England – who denied them the same settlements as their female co-workers following the successful claims of their female co-workers’ to equal pay. Click here for the full story
Thursday 2nd July 2009 Indian High Court Relies on Declaration of Principles on Equality in Landmark LGBT Rights Decision The Delhi High Court, in its landmark decision decriminalising homosexuality, relied on concepts developed in the Declaration of Principles on Equality, launched by the Equal Rights Trust (ERT) in 2008. In its judgment, the court described the Declaration as representing ‘current international understanding of Principles on Equality’, and cited in full the Declaration’s definitions of the “right to equality”, “equal treatment” and “discrimination”, in ruling that Section 377 of the Indian Penal Code was unconstitutional. Click here for the full story
Friday 26th June 2009 On Eve of Stonewall Riots Anniversary, Equal Rights Trust Expresses Solidarity with LGBT Community The Equal Rights Trust – the only international human rights organisation focussed solely on the right to equality – has marked the 40th Anniversary of the Stonewall riots by calling on LGBT rights advocates to endorse the unified concept of equality, as expressed in the Declaration of Principles on Equality. Speaking on the eve of the anniversary, Dimitrina Petrova, Executive Director of ERT, said that in countries where LGBT people suffer institutional discrimination, reliance on the integrated concept of equality could point a way forward. Click here for the full story
Thursday 25th June 2009 Czech Republic Becomes Last EU State to Adopt Anti-discrimination Law On 17 June 2009 the Czech Republic adopted anti-discrimination legislation which guarantees the right to equal treatment and bans discrimination in areas including access to employment, business, education, healthcare and social security on the grounds of sex, age, disability, race, ethnic origin, nationality, sexual orientation, religious affiliation and faith or worldview. The passing of the Anti-Discrimination Act by the Czech Chamber of Deputies was a necessary step to avoid legal proceedings by the European Commission for failing to implement the obligations contained in the EU Race Equality Directive (Council Directive 2000/43/EC) and the Employment Equality Directive (Council Directive 2000/78/EC). Click here for the full story
Monday 22nd June 2009 Turkey’s Passive Response to Domestic Violence Against Women Violates the Right to Non-Discrimination On 9 June 2009, the European Court of Human Rights handed down the decision in the case of Opuz v. Turkey (Application no. 33401/02). In its judgment, the Court found that Turkey violated Article 2, Article 3 and Article 14 in conjunction with Articles 2 and 3 of the European Convention on Human Rights. Click here for the full story
Friday 19th June 2009 British Equality Bill: Update on Legislative Developments In the United Kingdom, a Parliamentary Public Bill Committee has begun the process of scrutinizing the Equality Bill which was published on 24 April 2009. The Equality Bill seeks to simplify the law which, over the last four decades, has become complex and difficult to navigate, by replacing nine different acts and 100 other measures in a single act. Click here for the full story
Friday 29th May 2009 UN Committee on Economic, Social and Cultural Rights Adopts General Comment on Non-Discrimination The UN Committee on Economic, Social and Cultural Rights adopted General Comment No. 20 on Non-Discrimination in Economic, Social and Cultural Rights at its 42nd session, which took place from 4 – 22 May 2009. The General Comment is the Committee’s interpretation of Article 2(2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Click here for the full story
Wednesday 13th May 2009 ERT Joins Appeal for Human Rights Council Special Session on Sri Lanka The Equal Rights Trust has today joined 129 other NGOs from around the world in calling upon the UN Human Rights Council (UNHRC) to hold a Special Session on the current human rights catastrophe in Sri Lanka, as a matter of urgent concern. Click here for the full story
Tuesday 12th May 2009 Hammarberg: Comprehensive Approach to Equality is Key to Addressing the 'Human Rights Challenge' Presented by the Economic Crisis Thomas Hammarberg, Commissioner for Human Rights, Council of Europe, has endorsed the comprehensive approach to equality adopted in the Declaration of Principles on Equality, as the solution to the ‘major political and ideological challenge’ presented by the world economic crisis. Click here for the full story
Monday 20th April 2009 The Equal Rights Trust Circulates a Written Statement to the Durban Review Conference The Equal Rights Trust (ERT), an independent international organisation whose purpose is to combat discrimination and promote equality as a fundamental human right and a basic principle of social justice, welcomes the Durban Review Conference (DRC) as an important opportunity to examine the progress made towards fulfilling the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance Declaration and Programme of Action and to develop the commitments set out in this document. Click here for the full story
Monday 6th April 2009 Serbia Enacts First Far Reaching Anti-discrimination Law amidst the Clamour of Conservative Opposition On 26 March 2009 the National Assembly of the Republic of Serbia voted to approve the Anti-Discrimination Bill (the Bill) submitted by the Government. The vote marked the end of an 8 year process which had begun with the first draft of the Bill in 2001. The new law prohibits discrimination based on race, religion, sexual orientation, gender or other grounds. Click here for the full story
Tuesday 10th March 2009 UK Permitted Broad Discretion to Implement Age Discrimination Law On 5 March 2009, the European Court of Justice held that article 6(1) of Council Directive 2000/78/EC did not make compulsory retirement ages unlawful in the case of The Incorporated Trustees of the National Council on Ageing (Age Concern England) v. Secretary of State for Business, Enterprise and Regulatory Reform, Case C-388/07. The case involved a challenge by the National Council on Ageing (Age Concern England) to the Employment Equality (Age) Regulations 2006 which were introduced to implement Council Directive 2000/78/EC. Under article 6(1) of the Directive, differences in treatment on grounds of age are permissible if they are objectively and reasonably justified by a legitimate aim, for example where related to employment policy, the labour market or vocational training. Furthermore, the means of achieving that aim must be appropriate and necessary. Click here for the full story
Tuesday 3rd March 2009 Russia: Constitutional Court Forges the Way Out of Discrimination for People with Mental Disabilities On 27 February 2009, the Constitutional Court of the Russian Federation decided its first case concerning regulations and procedures for assessing legal capacity, one of the key issues affecting people with mental disabilities and their participation on an equal basis with others in exercising basic human rights. In ruling on the case brought by the Mental Disability Advocacy Center (MDAC) and filed by Russian attorney Dmitri Bartenev, the Court reiterated that discrimination of persons with mental disabilities is impermissible under the Russian Constitution. Echoing a finding by the European Court of Human Rights that guardianship is a “very serious” interference with the right to privacy, the Constitutional Court stated that the interests of a person under guardianship must be especially protected due to the significant loss of fundamental rights and freedoms of people under guardianship. Click here for the full story
Tuesday 24th February 2009 Stateless Pensioner Discriminated against by Latvia On 18 February 2009, the European Court of Human Rights (the Court) handed down the judgment in the case of Andrejeva v. Latvia (Application no. 55707/00). The applicant, Ms. Natalija Andrejeva, claimed a violation of Article 14 of the European Convention on Human Rights (prohibition of discrimination) in conjunction with Article 1 of Protocol No.1 (right to peaceful enjoyment of possessions) and Article 6 (right to fair trial). Click here for the full story
Friday 20th February 2009 ERT Welcomes World Day of Social Justice Today, on the inaugural World Day of Social Justice, The Equal Rights Trust (ERT) wrote to Ban Ki-Moon, Secretary-General of the United Nations, welcoming the event as an important step to raise awareness on social inequality, poverty and the widening gap between the most and the least advantaged globally. In the letter ERT appealed to the Secretary General to promote the Declaration of Principles on Equality and to recommend it to relevant UN organisations and agencies. Click here for the full story
Friday 23rd January 2009 ERT Urges Thai PM to Rescue 126 Rohingya Pushed Out to Sea by Thai Military Today, The Equal Rights Trust (ERT) wrote to Prime Minister Abhisit Vejjajiva of Thailand expressing deep concern over the fate of 126 Rohingya who had been held incommunicado since 16 January 2009 and subsequently forcefully expelled by being put on a boat and cast adrift in international waters. The victims of these abuses are stateless persons, members of a minority deprived of their Myanmar citizenship through discriminatory legislation in Myanmar, and do not have the protection of any state. Stateless persons are among the most vulnerable victims of discrimination and other human rights violations globally.
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Friday 9th January 2009 New Issue of The Equal Rights Review Published by ERT Today, The Equal Rights Trust published the second issue of The Equal Rights Review (ERR), an interdisciplinary biannual intended as a forum for the exchange of legal, philosophical, sociological and other ideas and practical insights for those who are promoting equality. It contains innovative theoretical articles, legal commentary, policy oriented analysis and advocacy reports as well as testimonies of victims of discrimination. This issue also contains a special section on the Declaration of Principles on Equality which was launched by ERT in October 2008. Click here for the full story
Thursday 8th January 2009 LegislationWatch: Strengthening Equality Rights for People with Disability in the USA On 1 January 2009, the United States Americans with Disabilities Amendments Act of 2008 entered into force. The purpose of the Amendments Act is to restore the intent and protections of the Americans with Disabilities Act of 1990 (ADA 1990). On its enactment the ADA 1990 was celebrated as a global benchmark for protecting people with disabilities from discrimination and ensuring their civil liberties. However, the progressive nature of the ADA’s original text has been diluted by a number of Supreme Court decisions, including Sutton v. United Airlines, Inc., 527 U.S. 471 (1999) and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), which have narrowed the broad scope that was originally intended by Congress for the ADA 1990 and have resulted in lower courts interpreting too restrictively what constitutes a protectable persons under that Act. Click here for the full story
Friday 19th December 2008 Statement to UN General Assembly Condemns Discrimination of LGBT People On 18 December 2008, in New York, the UN General Assembly was presented with a statement endorsed by 66 states from around the world calling for an end to discrimination based on sexual orientation and gender identity. The statement, read out by the UN Representative for Argentina Jorge Arguello, condemns violence, harassment, discrimination, exclusion, stigmatisation, and prejudice based on sexual orientation and gender identity. It also condemns killings and executions, torture, arbitrary arrest, and deprivation of economic, social, and cultural rights on those grounds. Click here for the full story
Wednesday 10th December 2008 Vote for Equality to Bring UDHR Ideals Closer to Reality As the Universal Declaration of Human Rights turns 60 this Wednesday, international think-tank The Equal Rights Trust (ERT) is warning that, in a global recession, governments worldwide must put equality at the centre of human rights legislation or risk creating more marginalised ‘sub-human’ peoples, such as the Roma in Europe and lower castes in South Asia.
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Tuesday 11th November 2008 ERT Calls for Broad Public Endorsement of the Principles on Equality via Internet The launch of the Declaration of Principles on Equality, on 21 October 2008 in London, marked the beginning of a "Vote for Equality" campaign for its universal recognition. The Declaration should become the basis for a new covenant on equality in the 21st Century. Click here for the full story
Tuesday 21st October 2008 Experts Urge New Era of Global Human Rights and Equality Amidst Economic Turmoil More than 120 of the world’s leading human rights and equality experts are today calling for the most radical re-think of equal rights in two generations as global economic turmoil holds nations in its grip.
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Wednesday 3rd September 2008 Medical Practitioners’ Right to Religious Freedom Does Not Override Compliance with Non-discrimination Law, Says US Court On 18 August 2008, the Supreme Court of California, in the case of North Coast Women’s Care Medical Care Group, Inc., et al., v. San Diego County Superior Court, S 142892. Ct. App. 4/1 D045438, rejected the argument that the right to religious freedom and free speech, as guaranteed by both federal and state law, exempted a medical clinic’s physicians from complying with the prohibition against discrimination on grounds of sexual orientation set out in the California Unruh Civil Rights Act (the Act). Click here for the full story
Monday 21st July 2008 Discrimination by Association Prohibited in ECJ Judgment On 17 July 2008, the European Court of Justice passed judgment in the case of Coleman v. Attridge Law and Steve Law (Case C-303/06). The judgment interprets the meaning of the prohibition of direct discrimination and harassment in employment and occupation on grounds of disability pursuant to Article 2(2)(a) and Article 2(3) of Council Directive 2000/78/EC of 27 November 2000. Click here for the full story
Tuesday 15th July 2008 Discrimination without an Actual Victim in ECJ Judgment On 10 July 2008, the European Court of Justice handed down the judgment in the case of Centrum voor gelijkheid van kansen en voor racismebestrijding v. Firma Feryn NY (Case C-54/07). The judgment interprets the meaning of direct discrimination based on Article 2 (2) (a) of Council Directive 2000/43/EC of 29 June 2000 relating to the principle of equal treatment between persons irrespective of racial or ethnic origin. Click here for the full story
Friday 4th July 2008 Canadian Supreme Court Advancing the Understanding of Substantive Equality in Constitutional Law On 27 June 2008, the Supreme Court of Canada handed down the decision in the case of R v Kapp, 2008 SCC 41. The case arose as an appeal against the federal government’s decision to enhance aboriginal involvement in commercial fishery which led to the Aboriginal Fisheries Strategy. The Strategy resulted in the issuance of a communal fishing licence to three aboriginal bands, permitting fishers designated by the bands to fish for salmon in the mouth of the Fraser River for a period of 24 hours and to sell their catch. Click here for the full story
Wednesday 2nd July 2008 A New Multi-ground Directive Creates a Higher Level of Protection against Discrimination Today the European Commission published a Proposal for a Council Directive to implement the principle of equal treatment between persons irrespective of religion or belief, disability, age, or sexual orientation. The proposed Council Directive will build upon Council Directive 2000/78/EC (The Employment Equality Directive) and will extend the protection from discrimination for millions of people across the European Union in areas including social security, healthcare, education and access to and supply of goods and services. Click here for the full story
Wednesday 11th June 2008 South African Constitutional Court Protects Customary Law’s Development towards Gender Equality On 4 June 2008, the Constitutional Court of South Africa handed down the decision in the case of Shilubana and Others v Nwamitwa (Case CCT 3/07). The case arose out of a succession dispute, following the death in 2001 of the chief of the Valoyi community in Limpopo. The eldest son of the deceased chief disputed a decision that the Royal Family adopted in December 1996 to end male primogeniture and confer chieftainship to the eldest daughter of the deceased’s brother (and predecessor in title) of the then reigning chief. Click here for the full story
Friday 6th June 2008 European Court of Human Rights Finds Discrimination of Roma Children in Greek Education System On 5 June 2008, the European Court of Human Rights handed down the judgment in the case of Sampanis and Others v. Greece (application no. 32526/05). Represented by the Greek Helsinki Monitor, 11 Greek nationals of Roma origin claimed discrimination in violation of Article 14 (prohibition of discrimination) in conjunction with Article 2 of Protocol No. 1 (right to education) and of Article 13 (right to an effective remedy) in respect of the treatment of their children by the educational authorities in Aspropyrgos, Greece. Click here for the full story
Friday 30th May 2008 ERT Urges Czech Chamber of Deputies to Vote for Anti-discrimination Bill On the 30th May 2008 The Equal Rights Trust wrote to Miloslav Vlcek, Chairperson of the Chamber of Deputies of the Czech Parliament calling on him and other deputies of the Czech Parliament to adopt the Law on Equal Treatment and Legal Measures of Protection from Discrimination and Amendments to Some Laws (the anti-discrimination bill), which is scheduled to be put to the vote during the 3 June 2008 session of the Chamber. Click here for the full story
Friday 23rd May 2008 US Adopts Genetic Information Non-discrimination Act On Wednesday 21 May 2008, United States President George W. Bush signed into law the Genetic Information Non-discrimination Act (GINA), which seeks to prevent medical advances in DNA testing being adversely used by employers and health insurance companies against people with a genetic predisposition to health issues. Click here for the full story
Wednesday 30th April 2008 ERT Letter to President Barroso Urging a Unified Approach to Non-discrimination Legislation Today, The Equal Rights Trust (ERT) wrote to Jose Manuel Barroso, the President of the European Commission, regarding the Commission’s plan to draft a non-discrimination directive on the basis of Article 13 of the Amsterdam Treaty. Click here for the full story
Wednesday 9th April 2008 Disability Rights Convention to Enter into Force 3 May 2008 On Thursday 3 April 2008, Ecuador became the twentieth country to ratify the United Nations (UN) Convention on the Rights of Persons with Disabilities. Click here for the full story
Friday 28th March 2008 The Equal Rights Review: A New Journal to Promote the Equalities Debate Today, The Equal Rights Trust published the first issue of The Equal Rights Review (ERR), an interdisciplinary biannual intended as a forum for the exchange of legal, philosophical, sociological and other ideas and practical insights from progressive movements promoting equality. Click here for the full story
Monday 10th March 2008 Romania: Police Brutality against Roma Constitutes Substantive Violation of Article 14 of ECHR On 4 March 2008 the European Court of Human Rights (ECHR) held that Romania had violated Article 14 (prohibition of discrimination) of the European Convention on Human Rights in conjunction with Article 3 (prohibition of inhuman or degrading treatment). Click here for the full story
Thursday 6th March 2008 European Court of Justice Rules EU Equal Treatment Directive Protects from Dismissal for In Vitro Fertilisation On 26 February 2008, the European Court of Justice (ECJ) held that articles 2(1) and 5(1) of Council Directive 76/207/EEC preclude the dismissal of a female worker who is at an advanced stage of in vitro fertilisation treatment, where it can be established that the dismissal is essentially based on the fact that the woman has undergone such treatment. Click here for the full story
Wednesday 27th February 2008 Malaysia: Stop Harassment of Opposition and Minority Activists in the Run-up to the Parliamentary Elections On 26th of February 2008, The Equal Rights Trust wrote to Abdullah bin Ahmad Badawi, the Prime Minister of Malaysia, to express its concern about additional instances of arrests and detention of civil society and opposition party activists. As in its letter of 14 December 2007, ERT is concerned that their arrest, detention and prosecution are in violation of their rights to freedom of expression and assembly. Discriminatory treatment in relation to freedoms protected by international law also violates the victims’ right to participate on equal terms with all other voters in Malaysia in the parliamentary elections set for 8 March 2008. Click here for the full story
Wednesday 13th February 2008 Turkey: Constitutional Amendments Lifting Headscarf Ban in Higher Education The Equal Rights Trust welcomes the adoption by Turkey’s parliament on 9th February 2008 of two constitutional amendments that will ease restrictions on the freedom to wear the Islamic headscarf in public higher education institutions. Click here for the full story
Thursday 24th January 2008 France: European Court Finds Violation of Article 14 ECHR on Grounds of Sexual Orientation On 22 January 2008 the European Court of Human Rights (ECtHR) held that France violated Article 14 (right to non-discrimination) in conjunction with Article 8 (right to private and family life) of the European Convention on Human Rights (ECHR) in refusing the adoption application of a lesbian woman. Click here for the full story
Wednesday 16th January 2008 Nepal Prohibits Discrimination on Grounds of Sexual Orientation and Gender Identity On 21 December 2007 the Supreme Court of Nepal issued directive orders to the Government of Nepal to end discrimination against people of different sexual orientation or gender identity. The Equal Rights Trust considers the decision of the court - who use the term “teshro Linga” literally translated as “third gender” and commonly understood to represent lesbian, gay, bisexual, transsexual and inter-sexed persons – to be a progressive step in recognising the equal rights for those with different sexual orientations and gender identities. The decision is a significant victory for the lobbying efforts of the Blue Diamond Society, a local non-governmental organisation supporting people with different sexual orientation or gender identity. Click here for the full story
Friday 14th December 2007 ERT Urges Release of Anti-discrimination Activists in Malaysia ERT Statement on the repression against ethnic Indians protesting against discrimination in Malaysia Click here for the full story
Thursday 15th November 2007 ERT Calls on General Musharraf to Release All Those Detained and Reinstate Independent Judiciary In support of the Global Day of Action to protest against the state of emergency in Pakistan, The Equal Rights Trust urged President Musarraf today to order the immediate release of all those arbitrarily arrested and detained, following the introduction of the state of emergency on 3 November 2007, to reinstate dismissed judges, to lift all imposed restrictions on the media and take all other necessary measures to return Pakistan to its constitutional rule. Click here for the full story
Wednesday 14th November 2007 Victory in a Long Court Battle for Equal Rights: Czech Roma Win the Ostrava Special Schools Case (D.H. and Others v Czech Republic) On November 13, 2007, the Grand Chamber of the European Court of Human Rights, overturning the Chamber judgment of 7 February 2006, found that the right to non-discrimination guaranteed by Article 14 of the European Convention on Human Rights had been violated by Czech authorities who had been placing disproportionately high numbers of Romani children in substandard special schools for children with learning disabilities. Click here for the full story
Friday 2nd November 2007 ERT and Amnesty International Call on Slovenian Government to Stop Discriminatory Treatment of the “Erased” Persons in Slovenia In a joint statement issued on 2 November 2007. The Equal Rights Trust and Amnesty International call on the Slovenian government to withdraw the draft Constitutional Law, presented to parliament on 30 October, which is intended to resolve the status of the “erased” – people unlawfully removed from the registry of permanent residents in 1992. As a matter of urgency, the government should introduce legislation that is in line with international human rights law and the relevant decisions of the Slovenian Constitutional Court. Click here for the full story
Monday 15th October 2007 ERT Submits Third Party Brief to the European Court of Human Rights on the Discrimination against “Erased” Persons in Slovenia On the 15 October 2007 The Equal Rights Trust submitted to the European Court of Human Rights a legal brief in respect to the case of Makuc and Others v. Slovenia (Application No. 26828/06). The brief contains comments on discrimination against stateless persons, multiple discrimination, the application of the concepts of direct and indirect discrimination and the continuing effects of discrimination. Click here for the full story
Wednesday 10th October 2007 ERT Welcomes New British Equality Body Open letter to Trevor Philips Click here for the full story
Wednesday 10th October 2007 ERT Urges Adoption of Non-discrimination Laws in Central Asia On 25 September 2007 in Warsaw, The Equal Rights Trust and the International Helsinki Federation for Human Rights submitted a joint statement to the Organisation for Security and Co-operation in Europe advocating greater attention, expertise and assistance to Central Asian OSCE participating States failing to protect against discrimination. Click here for the full story