Right To Privacy/Family Life

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CEDAW’s Landmark Decision on the Criminalisation of Same Sex Conduct Between Women

Rosanna Flamer-Caldera (RFC v Sri Lanka), is a human rights activist and the Executive Director of Equal Ground which campaigns for lesbian, gay, bisexual, transgender and intersex (LGBTI) rights in Sri Lanka. Ms Flamer-Caldera is a lesbian, and is open about her sexuality. Her activism on these issues is well-recognised both inside and outside of the country where she has worked for decades to ensure human rights for members of the LGBTI+ community. On 23 August 2018, acting under Article 7(1) of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the author submitted a claim to the Committee on the Elimination of Discrimination against Women (‘CEDAW Committee’). The applicant complained that same sex activity between consenting adults is a criminal offence under the Sri Lankan Penal Code. By its 1995 amendment to Section 365A of the Penal Code of 1883  Sri Lanka extended the criminalisation of ‘acts of gross indecency between persons’ to include sexual conduct between women, replacing the previous wording ‘male person’ with ‘person’.

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The International Law of Intelligence Sharing in Multinational Military Operations: A Primer

The massive airlift by the United States and its allies that followed the Taliban’s victory in the Afghan war had a remarkable feature: the Taliban not only did not interfere with it, but actively assisted it. After two decades of fighting the Taliban, the United States found in them unlikely partners willing to provide, for a limited time,…

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A Dangerous Convergence: The Inevitability of Mass Surveillance in European Jurisprudence

Recent Grand Chamber judgments in Big Brother Watch and Others v. United Kingdom and Centrum för Rättvisa v. Sweden held that some aspects of the UK’s and Sweden’s domestic surveillance regimes violated Articles 8 and 10 of the European Convention on Human Rights (“ECHR”). Despite the findings of violation…

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The Grand Normalization of Mass Surveillance: ECtHR Grand Chamber Judgments in Big Brother Watch and Centrum för rättvisa

Yesterday the Grand Chamber of the European Court of Human Rights delivered its most important judgments on electronic mass surveillance (or bulk interception) post-Snowden: Big Brother Watch and Others v. the United Kingdom, nos. 58170/13 etc and Centrum för rättvisa v. Sweden, no.

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We need to talk about citizenship, and race

Citizens and unauthorized migrants seemingly stand at opposite ends of the rights spectrum. While citizenship denotes the “fullest” bundle of rights, the legal status of unauthorized migrant generally entails deprivation of most fundamental rights. Most legal and political theorists conceive this relation as a conceptual dichotomy in which the former functions as rhetorical domain of inclusion, of…

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