News

US Supreme Court Issues Important Judgment for Marriage Equality

London, 5 July 2013

On 26 June 2013, the US Supreme Court (the Court) in United States v Windsor, Executor of the estate of Spyer, et al., by a five to four majority, struck down as unconstitutional section 3 of the Defense of Marriage Act (DOMA), a federal law which defines marriage as excluding same-sex couples. The Court held that this amounted to a breach of the rights of same-sex married couples to equal liberty under the Fifth Amendment to the Constitution. The decision ensures that spouses who have lawfully entered into same-sex marriages are entitled to the same tax and other fiscal benefits as different-sex married couples.

US Supreme Court Confirms that University's Use of Race As Factor in Admissions Decision Must be Subject to Strict Scrutiny

London, 4 July 2013

On 24 June 2013, the US Supreme Court (the Court) in Fisher v University of Texas confirmed that considering an applicant’s race as part of a holistic evaluation process in a University admissions procedure does not necessarily violate the Equal Protection Clause in the Fourteenth Amendment to the US Constitution. However, the Court reiterated that any process which uses race as a factor must be subjected to strict scrutiny. This requires that the University shows clearly that its purpose or intention in using this factor is constitutionally permissible and substantial and that the use of the classification of race is necessary to the accomplishment of its purpose. 

Historic Changes to the Human Rights Act Anti-Discrimination Provisions Approved by Bermuda's Senate

3 July 2013

On 19 June 2013, the British overseas territory of Bermuda came one step closer to extending protection from discrimination when its Senate approved all bar one of the significant amendments to the Human Rights Act 1981 (HRA 1981) contained in the proposed Human Rights Amendment Act 2013 (HRAA 2013). 

Seventy Six Civil Society Organisations Call for Greater Protection of Rohingya
London, 24 June 2013
 
Today, the Equal Rights Trust and 75 other civil society organisations issued a joint statement calling for an end to on-going human rights and humanitarian abuses against the stateless Rohingya in Rakhine state of Myanmar. The statement, which is simultaneously being issued by organisations on five continents and sent to the President of Myanmar and Myanmar embassies around the world, is an expression of global civil society solidarity regarding human rights protection of the  Rohingya.

ERT Welcomes Major Advance in Protection from Discrimination in the Americas
London, 20 June 2013
 
On 6 June 2013, the Organization of American States (OAS) adopted two Conventions aimed at eliminating discrimination in its 35 member states. The first Convention seeks to eliminate racism, racial discrimination and related forms of intolerance, while the second addresses discrimination and intolerance on all other grounds. ERT welcomes the adoption of these Conventions as progressive measures which will assist in providing protection from discrimination on a large number of grounds and in many areas of life in countries which ratify the instruments.

ERT Convenes International Experts to Discuss Ground-Breaking Research on Equality and Socio-Economic Rights
London, 21 June 2013
 
On 6 June 2013, The Equal Rights Trust (ERT), in partnership with University College London (UCL) Institute for Human Rights convened 25 of the world’s leading experts on equality and social and economic rights to discuss its ground-breaking research into how strategic litigation using equality and non-discrimination law could advance socio-economic rights. Following the expert roundtable, ERT then hosted a public panel discussion entitled Poverty and Rights: Can and Should the Law Promote Socio-Economic Equality?

Police Failure to Protect Rights of Vulnerable Girl-Children is Discriminatory, Says Kenyan High Court

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.

ERT to Co-Host Side Meeting to UNHCR NGO Consultations on Rohingya Issue
London, 3 June 2013
 
One year ago, on 3 June 2012, the first of a series of pogroms against the Rohingya and other Muslim communities took place. There have been countless deaths, destruction to property, large scale internal displacement and segregation within Rakhine state of Myanmar as a result. ERT has been one of the leading civil society voices calling for an end to all violence and abuse and for greater protection of the human rights of the Rohingya. 

Strasbourg Court Holds Failure to Tackle Domestic Violence Amounts to Gender Discrimination

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). 

UK Court Allows Deprivation of Citizenship in Contravention of 1961 Convention on the Reduction of Statelessness

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. 

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