London, 17 June 2013
On 27 May 2013, the Kenyan High Court (the Court) handed down its judgment in the case of C.K. et al v the Commissioner of Police/Inspector General of the National Police Service et al. The Court held that failings by the Commissioner of Police, Director of Public Prosecutions and Minister for Justice in Kenya amounted to violations of the fundamental rights of eleven girls who had been subjected to sexual violence.
London, 31 May 2013
On 28 May 2013, the European Court of Human Rights (ECtHR), in the case of Eremia and Others v Moldova (Application no. 3564/11) held that the state’s failure to take decisive action in a domestic violence case breached the European Convention on Human Rights and Fundamental Freedoms (the Convention). Specifically, the Court found that the failure of the state to fulfil its positive obligations breached the right to be protected from inhuman treatment (Article 3); the right to private life (Article 8); and the prohibition of discrimination (Article 14).
London, 30 May 2013
On 24 May 2013, the UK Court of Appeal delivered its judgment in the case of B2 v The Secretary of State for the Home Department, overturning a ruling of the Special Immigration Appeals Commission. The Court, in deciding whether the deprivation of the respondent’s nationality following allegations of involvement in terrorism related activities would result in making him stateless, erroneously held that it would not, despite confirmation from the competent authorities in Vietnam (the only other country to which B2 had a potential claim to a nationality) that B2 was not a Vietnamese national.
London, 24 January 2013
On 15 January 2013, The European Court of Human Rights (ECtHR) issued its long-awaited judgment in Eweida and others v UK, in which it ruled on the joined cases of four Christians who claimed that the UK had violated their rights under Article 9 (freedom of religion) and/or Article 14 (prohibition of discrimination) of the European Convention on Human Rights and Fundamental Freedoms (ECHR). In all bar one of the cases, which involved employees who had either been disciplined or dismissed as a result of their refusal to carry out a part of their job which they felt would be contrary to their Christian faith, the Court found that the UK had not violated the individuals' rights.
London, 20 November 2012
On 6 November 2012, the European Court of Human Rights (ECtHR) held that the United Kingdom’s failure to allow the family reunion of a refugee and his wife under its pre-2011 immigration rules was unlawful discrimination. Although the European Convention on Human Rights (ECHR) does not require states to provide a right to “family reunion” for spouses of immigrants, once such a right is provided, and as it falls within the general scope of the Convention’s protection of family life, it must be applied in a non-discriminatory manner.
2 November 2012
The Supreme Court of India has held that some state governments need to do more to adequately protect women from sexual harassment in the workplace. In a judgment dated 19 October 2012, which strongly emphasises India’s Constitutional commitment to gender equality and a “guarantee against sexual harassment to women”, the Court has sought to ensure that women’s rights to a dignified life, equality and practice of any profession are protected.
London, 26 October 2012
The Equal Rights Trust (ERT) is disappointed to learn that the Malaysian High Court has rejected a request that a Syariah (Shari’a) Law in one of the Malaysian states which bans Muslim men from cross-dressing be declared unconstitutional. The High Court rejected arguments submitted by four transsexuals that the law breaches a number of their fundamental rights including the rights to non-discrimination, freedom of expression and human dignity.
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