Prohibition of Discrimination

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SOGI Mandate Passes Third Committee Hurdle

On 21 November 2016, the Third Committee of the General Assembly (GA) voted to uphold the United Nations mandate of the Independent Expert on sexual orientation and gender identity (SOGI) in a very closely fought vote. The decision represents a major stepping stone for the promotion of LGBTI rights, and provides much-needed reassurance regarding the ability of the Human Rights Council (HRC) – and the broader UN machinery – to adequately combat international human rights challenges. Two main points of contention emerged during discussions leading up to, and during the day of the vote: 1) whether there is a legal basis for the mandate (the substantive argument); and 2) whether the GA has the power to override decisions made by the HRC (the procedural argument). It was the latter argument that generated the most discussion, and will therefore be the main focus of this post. This post will begin with an analysis of what exactly happened on the day of the vote, and will be followed by an exploration of the two…

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What is the Future of the SOGI Mandate and What Does it Mean for the UN Human Rights Council?

Last June, human rights defenders the world over celebrated the historic step taken by the Human Rights Council (HRC) to create a UN Special Procedures mandate on sexual orientation and gender identity. It had taken years of advocacy by the LGBTI and wider human rights community, and careful manoeuvering within the UN system to attain this belated but…

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UN Human Rights Committee Finds that Ireland’s Abortion Ban Violates the ICCPR

Last week the UN Human Rights Committee delivered an important decision in Mellet v. Ireland, finding that, as applied to the claimant, the Irish ban on abortion violated several articles of the ICCPR. This was because the ban extended even to pregnancies, like the claimant's, where the foetus was diagnosed with a fatal abnormality, so that it…

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The Danish Law on Seizing Asylum Seekers’ Assets

The Danish Parliament recently passed a controversial amendment to the Aliens Act (Bill no. 87) giving police the power to search and confiscate the property of asylum seekers to contribute to expenses associated with their stay in Denmark (BBC). First proposed on 10 December 2015, the bill quickly made international headlines (BBC, Washington Post).

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Embedding Human Rights in Internet Governance

In Resolution 56/183 (2001), the UN General Assembly welcomed the creation of an inter-governmental World Summit on the Information Society (‘WSIS’) to address the digital revolution and the increasing digital divide between the global North and South. During the Summit’s two phases (Geneva, 2003 and Tunis, 2005) a common desire and commitment to build a…

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