Do Indian women have a right to choose whether, when and whom to marry?

A.   Analysing the problem in the indian context Cases of child marriage, which are widespread in India, illustrate the denial of the right to chose ‘when to marry’ given the children are not capable of giving their consent freely. Similarly, the practice of forced marriage implicates denial of both the right to choose ‘when’ and… More Do Indian women have a right to choose whether, when and whom to marry?

UK Court of Appeal prioritises the interests of the child when considering parenting arrangements with sperm donors

On 14th March 2012, in A-v-B and C, a case concerning the parenting arrangements for a lesbian couple and a known sperm donor, the UK Court of Appeal found that the child’s interests should be placed first. A, the sperm donor and friend of the lesbian couple B and C, initially brought the case as… More UK Court of Appeal prioritises the interests of the child when considering parenting arrangements with sperm donors

ECtHR finds the disciplinary detention of former members of the armed forces unlawful

On 20th March 2012, in Koç and Demir v. Turkey, the European Court of Human Rights held in a Chamber judgment that Article 5(1) of the European Convention on Human Rights on unlawful detention had been violated. The Complainants Coşkun Koç and Turgay Demir are Turkish nationals and were respectively a non-commissioned officer and a… More ECtHR finds the disciplinary detention of former members of the armed forces unlawful

Detainee tortured in Afghan jail is demanding high court judicial review into the way he was treated

Serdar Mohammed, an Afghan man who was detained by British troops for a few months on suspicion of being a Taliban commander before being handed over to an Afghan jail, is demanding a high court judicial review into the way he was treated. He claims that he was held in breach of previous British rulings… More Detainee tortured in Afghan jail is demanding high court judicial review into the way he was treated

UN resolution on the Sri Lanka conflict

At its 19th session, the UN Human Rights Council is debating important issues of accountability and reconciliation resulting from the end of Sri Lanka’s civil conflict in 2009. A US-led resolution seeks to address these issues and ensure peace and stability by reaffirming respect for human rights. According to a panel of experts, mandated by… More UN resolution on the Sri Lanka conflict

Can Hart’s ‘middle way’ between Moralism and Reductivism be rescued? A Character-based attempt at social normativity

Hart’s The Concept of Law has left positivism uneasy with the philosophical divide between moralism and reductivism. The Hobbesian notion of moral chaos, from which positivism is derived, requires that the law be understood independently from subjective moral values, and the rejection of moralist accounts. A reductivist legal theory, Hart argues, is insufficient in that… More Can Hart’s ‘middle way’ between Moralism and Reductivism be rescued? A Character-based attempt at social normativity

ECtHR Finds No Violation of the Right to Protection of Property in Malik v. The United Kingdom

On 13th March 2012, the European Court on Human Rights held that there was no violation of Article 1 of Protocol No. 1 in Malik v. the United Kingdom. The applicant, Zafar Iqbal Malik, a British national, started his medical practice as a general practitioner in 1978 but was suspended from the list of doctors… More ECtHR Finds No Violation of the Right to Protection of Property in Malik v. The United Kingdom

The International Criminal Court delivers its first judgment

On 14th March 2012, the International Criminal Court Trial Chamber delivered its first judgment in a milestone case Prosecutor v. Thomas Lubanga Dyilo. Dyilo was convicted beyond a reasonable doubt of being the co-perpetrator of war crimes including the widespread recruitment of boys and girls under the age 15 to actively participate in an armed… More The International Criminal Court delivers its first judgment

Assisted Suicide

The right to life; this is often thought to be the most fundamental human right, protected by Article 2 of the European Convention on Human Rights (ECHR).  What seems to be a fairly unquestionable right, in fact carries with it the weight of controversy and uncertainty. ‘Not only is the right to life protected by… More Assisted Suicide

The Arab Spring – The Seeds of Change

A decade ago, Susan Marks (arguably one of the big names in legal theory) tried to rationalise the relationship between theory and practice in the context of paradigm-shifting events. She did so in a paper reflecting on an unexpected reaction from a conference attendee: “Reflections on a Teach-in Walk-out.” January 2002, Afghanistan is invaded by… More The Arab Spring – The Seeds of Change