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  • Urban renewal program held to be eviction “through the back door”

    7 February 2013

    Summary The Constitutional Court of South Africa held that excavation work in close proximity to the applicants’ homes was tantamount to eviction, and that section 26(3) of the Constitution protects...

  • Protection from arbitrary eviction for Roma community in Bulgaria

    27 November 2012

    Naidenova et al v Bulgaria, UN Doc CCPR/C/106/D/2073/2011 (27 November 2012) Summary A Roma community that had lived for over 70 years in an informal settlement on municipal land in...

  • Protection from arbitrary eviction for 700 families removed from council buildings

    9 October 2012

    Schubart Park Residents’ Association and Others v City of Tshwane Metropolitan Municipality and Another [2012] ZACC 26 (9 October 2012) Summary The protection against arbitrary eviction under section 26(3) of...

  • European Court rules on the importance of proportionality and personal circumstances in eviction cases

    18 September 2012

    The European Court of Human Rights has held that a UK Court of Appeal decision to uphold a possession order against an applicant constituted an unjustified breach of the applicant’s...

  • Failure to provide medical treatment and support can constitute a breach of human rights

    27 April 2012

    De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin) (27 April 2012) Summary The England and Wales High Court decided that...

  • Failure to prevent loss of ownership of property a violation of CEDAW

    26 April 2012

    Cecilia Kell v Canada, UN Doc CEDAW/C/51/D/19/2008 (26 April 2012) Summary The UN Committee on the Elimination of Discrimination against Women has found that Canada violated the rights of an...

  • Obligation to consider alternatives to eviction into homelessness

    7 December 2011

    Summary In this case, if evicted, approximately 170 families would be made homeless. The South African Constitutional Court unanimously held that, before making eviction orders, the High Court should have...

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Opinion

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Erosion of right to silence highlights need for stronger rights guarantees

HRLC Secondee Lawyer examines how the erosion of the right to silence in NSW highlights the precarious nature of human rights in Australia.

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Case notes

The Queen on the Application of HC (a child, by his litigation friend CC) v The Secretary of State for the Home Department and Others [2013] EWHC 982 (Admin) (25 April 2013)

The UK High Court of Justice has held that to treat 17 year olds as adults offends the UN Convention on the Rights of the Child, which informs the UK’s obligations under the European Convention on Human Rights and the Human Rights Act 1998 (UK).

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Human rights developments

Amnesty International 2013 annual report shows world increasingly dangerous for refugees and migrants
New ‘excision’ law does not relieve Australia of its responsibilities
No to Homophobia launches ‘promise’ campaign

If I were Attorney-General...

Justice Edwin Cameron on living with HIV, the political nature of coming out & the power of legal action to create social change.

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