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Browse \ Tags \ Human Rights

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Rethinking Foetal Personhood after the Refusal of Medical Treatment

Debates over foetal personhood are often fought in the context of abortion. However, the debate also arises where a mother refuses an emergency C-section. At present, the law here is unsatisfactory; a reform introducing a “best interests” test and extending the principle of necessity is needed.

11:00, 10th July 2018
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The Fight for LGBT Rights in the Commonwealth Pt I: Tracing Historical Origins

One of the major legal legacies of the British Empire is the criminalisation of homosexuality, which still exists across most Commonwealth states. In the first of a two-part series, Alasdair Maher tracks the historical origins of anti-LGBT laws and how this has influenced their continued existence.

11:00, 22nd June 2018
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#MeToo, #IBelieveHer and the Belfast Trial: Drawing Distinctions

There are important limitations to a finding of legal guilt in rape and sexual assault cases. This was made clear by the controversial decision in the Belfast Trial. Movements like #MeToo and #IBelieveHer must be careful to distinguish legal guilt from morally and socially unacceptable conduct.

11:00, 27th April 2018
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Exploring the Christian Marginalisation Narrative beyond the Workplace

A previous KCTL article examined how legal decisions in employment law have been used to argue that there exists a narrative of Christian marginalisation. Though that article dismissed those arguments, lawyers must not be overlook the sociological and political forces that also contribute.

11:00, 24th April 2018
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Offensive Jokes Becoming Criminal? Count Dankula's Conviction

The recent conviction of Mark Meechan, otherwise known as Count Dankula, for uploading a controversial video on YouTube sets a worrying precedent for freedom of expression. Of most concern is the fact that context is given only a secondary role when considering whether a joke is grossly offensive.

11:00, 20th April 2018
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In a Similar Vein? A Comparative Analysis of Organ Donation Systems

The Organ Donation (Deemed Consent) Bill 2017-19 proposes a 'soft opt-out' system involving a rebuttable presumption of consent to organ donation. An examination of organ donations in several foreign jurisdictions sets out a number of lessons that the UK must learn when implementing this system.

11:00, 13th April 2018
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Proposed Changes to Organ Donation Miss the Heart of the Issue

A Private Members' Bill proposing changes to organ donation has recently passed its second reading in Parliament. However, the proposed soft opt-out scheme is the incorrect route to take; instead, attention should be given to changing societal attitudes towards organ donation.

11:00, 3rd April 2018
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In Defence of Regional Human Rights Bodies

Alongside international documents that set out universal human rights, there exists in several parts of the world regional systems for promoting and protecting human rights. Though these systems have been criticised, they are valuable tools for developing the law that must be celebrated.

11:00, 30th March 2018
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Commissioner v DSD: Sending Police Liability into Uncharted Waters

A recent Supreme Court judgment represents a major expansion in the extent of police liability under the Human Rights Act 1998. Though the decision on the facts was unanimous, disputes between the judges as to the correct size of the expansion raises concerns over the impact of the decision.

11:00, 27th March 2018
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A Christian Marginalisation Narrative? Religious Symbols in the Workplace

Several decisions concerning attempts by Christian employees to manifest their religion at work have prompted concerns of a 'Christian marginalisation narrative' in discrimination law. However, such concerns are unfounded: they stem from attaching undue significance to isolated cases.

12:00, 23rd March 2018
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Tainted Medicine: Pharmaceutical Patents in the Developing World

The need to ensure that medicine is universally accessible conflicts with the need to encourage companies to invest in developing new drugs. Particularly in the developing world, patent law has struck an uneven balance that has left populations priced out and vulnerable. How can this be resolved?

12:00, 2nd March 2018
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Noel Conway's Case: New Developments in the Right to Die Debate

The debate on assisted suicide has refused to go away. Several challenges to current legislation have been heard by the courts in recent years, each unsuccessfully attacking the law from a new angle. In keeping with this, Noel Conway's case represents the latest chapter in this long-running story.

12:00, 27th February 2018
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OPO v Rhodes: One Step Forward, Two Steps Back?

A case concerning the publication of the autobiography of James Rhodes, a renowned concert pianist, saw the reemergence of a Victorian tort that looked destined to be nothing more than a historical footnote. Though its rediscovery is welcome, the Supreme Court limited its scope too heavily.

12:00, 13th February 2018
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Love v United States of America: A Victory for Justice?

The High Court's decision to block the extradition of Lauri Love - an alleged computer hacker - to the USA has attracted significant media coverage: many have treated it as a referendum on a number of causes. Yet, in actual fact, the decision is far narrower than such coverage has made out.

19:00, 11th February 2018
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