Aksenchik Chick
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Aksenchik Chick
London, United Kingdom, 21 April 2016
In a 5 – 4 ruling delivered on 26 June 2015, the US Supreme Court determined that the right to marriage equality was protected by the Fourteenth Amendment of the Constitution. The decision in the case, Obergefell v Hodges, means that same-sex marriage is now legal in all 50 US states.
On 1 June 2015, the US Supreme Court issued an opinion on the case Equal Employment Opportunity Commission, Petitioner v Abercrombie & Fitch Stores, Inc. stating that employers have an affirmative duty to accommodate an applicant’s religious practice, even if the applicant has not informed the employer of such need.
On 21 January 2015, the High Court of Justice of England and Wales held that the conduct of the Secretary of State for Communities and Local Government (the SSCLG) in relation to certain planning decisions amounted to indirect discrimination against Romany Gypsies and Irish Travellers. The SSCLG had a policy of personally determining appeals by travellers to develop sites on certain areas of protected land which led to significant delays in the hearing of those appeals. The Court concluded that the SSCLG had failed to have any regard to the equality implications of this practice, failing to meet his Public Sector Equality Duty (PSED). The significant delays also amounted to a violation of Article 6 of the European Convention on Human Rights (ECHR).
Yesterday a hearing took place at the Grand Chamber of the European Court of Human Rights on the case of Khamtokhu and Aksenchik v Russia in which the Court will decide whether two men convicted of crimes in Russia have been victims of gender and age discrimination, due to legislation which allows life sentences to be given only to men between the ages of 18 and 65.
On 2 December 2015, the Supreme Court of Appeal of South Africa held in Minister of Basic Education v Basic Education for All that the failure of the Department of Basic Education (DBE) to provide free textbooks to all students in the Limpopo province breached the constitutional guarantees of equality, human dignity, and the right to a basic education.
On 13 October 2015, the European Court of Human Rights held in Vrountou v Cyprus that Cyprus’s refugee card scheme, which restricted access to benefits based on sex violated Article 14 of the European Convention on Human Rights. The Court found that the scheme, which allowed children with displaced fathers to receive a refugee card and so access a range of benefits but not children of displaced mothers, had no objective and reasonable justification. The Court reiterated that states cannot impose traditions that derive from the man’s primordial role and the woman’s secondary role in the family to justify sex discrimination but that was precisely what the government’s argument sought to do. The unequivocal decision of the Court is welcome. The case is an important reminder that directly gender discriminatory laws and policies are still a reality in many states, a fact which the Equal Rights Trust’s recent research brings to the fore.
On 17 September 2015, in an appalling case of caste discrimination, a UK Employment Tribunal held in Tirkey v Chandok that numerous employment rights of Ms Tirkey, a woman recruited from India to work in the Chandoks’ home, had been violated. The Tribunal found there had been “unacceptable working conditions” of employment and that the Chandoks had directly discriminated against Ms Tirkey because of her ethnic origin and indirectly discriminated against her because of her religion.
On 16 July 2015, the Court of Justice of the European Union (CJEU) issued a preliminary ruling in a case of alleged discrimination on grounds of ethnicity, referred to it by a Bulgarian court. In a welcome decision, the Court provided important guidance on the application of Directive 2000/43/EC (the Race Equality Directive) to a determination of whether an electricity company’s placing of electricity meters in majority-Roma districts at a height where users could not read them was discrimination. In so doing, the Court made comments which indicate its support for a finding that the practice constitutes direct discrimination.
On 10 January 2015, a member of the Migori County Assembly in Kenya was sentenced to 15 years imprisonment for defiling (raping) a 13 year old girl. The Court found that Mr Lukas Masa Hura had abused the girl in May 2014, in a location within the County of which he was then a representative. The case is one of many examples of sexual abuse of women and girls that the Equal Rights Trust is seeking to address through its Comic Relief-funded Legal Assistance Scheme Project in Kenya. The victim in the case was supported by the community based organisation (CBO) Mira Residents Association, one of a number of CBOs across Kenya supported by the Equal Rights Trust and our partner, the Federation of Women Lawyers Kenya (FIDA Kenya) under the project.
On 27 January 2015, the European Court of Human Rights, in the case of Ciorcan and others v Romania, found that Romania violated the rights of a large group of Roma people who had been injured by police forces. The Court found violations of the rights to life (Article 2), freedom from inhuman treatment (Article 3) and freedom from discrimination (Article 14) of the European Convention on Human Rights (ECHR). These rights were violated by: (a) the “grossly excessive” deployment of special forces agents to carry out an arrest, agents who proceeded, amongst other things, to shoot “at random” into the crowd; and (b) the state’s failure to carry out an effective investigation, including its failure to comply with its obligation under Article 14 to investigate any racial motivation for the violence.
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European Court of Human Rights.
15 March 2018
.
International Law Reports
,
Volume 180 , 2019 , pp. 211 - 342
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Proulx, Vincent-Joël
2019.
International Civil Individual Responsibility and the Security Council: Building the Foundations of a General Regime .
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Published online by Cambridge University Press:
01 January 2021
Aliens — Refugees — Rights of settled refugees — Convention relating to the Status of Refugees, 1951 — Article 16 — Access of refugee to courts — Whether requiring courts of one State to take jurisdiction over claims relating to torture allegedly committed in another State
Human rights — Due process — Access to court for civil claim — European Convention on Human Rights, 1950, Article 6 — Proceedings in Swiss courts in respect of torture allegedly committed in another State — Whether judgment that Swiss courts lack jurisdiction a breach of Article 6(1) — Whether international law requires universal jurisdiction in respect of claims of torture
Human rights — Torture — Nature of prohibition of torture — Jus cogens status of prohibition — United Nations Convention against Torture, 1984 — Article 14(1) — Requirement that States provide remedies for victims of torture — Whether requiring universal jurisdiction in civil claims — Whether Convention imposing different requirements for civil and criminal jurisdiction — General Assembly resolution 60/147
Jurisdiction — Universal jurisdiction — Torture — United Nations Convention against Torture, 1984 — Article 14(1) — Requirement that States provide remedies for victims of torture — Whether requiring universal jurisdiction in civil claims — Absence of alternative forum
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yesterday a hearing took place at the grand chamber of the european court of human rights on the case of khamtokhu and aksenchik v russia in which the court will decide whether two men convicted of crimes in russia have been victims of gender and age discrimination, due to legislation which allows life sentences to be given only to men between …
May 22, 2021 A. The background to the present case. 14. According to the applicant, on 22 April 1992 he was arrested by the Italian police at his place of residence in Italy and taken to the [Page 216] Tunisian Consulate in Genoa, where he was presented with a bill of indictment stating that he represented a threat to Italian State Security. He alleges that he was then taken to Tunis by Tunisian officials.
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queer persons (LGBTIQ), and also activists working in this sector, are targeted because they do not conform to stereotypes of gender sexuality and/or identity".4 The Working Group on discrimination against women and girls has observed that women who do not
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