Human Rights Charter demands access to Koori Court, Victorian Supreme Court holds

Cemino v Cannan and Ors [2018] VSC 535

The Victorian Supreme Court has confirmed that courts must consider the distinct cultural rights of Aboriginal people under the Victorian Charter of Human Rights and Responsibilities Act 2006 (the Charter) when making decisions in relation to an Aboriginal person’s request to be heard in the Koori Court. This decision has significant implications for Aboriginal people across Victoria and for decisions in the Courts about whether an Aboriginal person has access to the Koori Court.

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European Court of Human Rights finds Russia breached human rights of Pussy Riot members

Case of Mariya Alekhina and Others v Russia (ECHR, Third Section, Application no. 38004/12, 17 July 2018)

The European Court of Human Rights has found that Russia breached human rights conventions in the prosecution and imprisonment of feminist protest band Pussy Riot.

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Victorian Supreme Court finds owners corporations must modify apartments for owners with a disability

Owners Corporation OC1-POS539033E v Black [2018] VSC 337 (21 June 2018)

The Supreme Court of Victoria has handed down a decision that owners corporations must undertake modification works to apartment buildings for owners and occupiers with a disability. The decision has been hailed as a significant win for people with a disability.

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Supreme Court of Canada finds Quebec pay equity legislation violates Charter of Rights

Centrale des syndicats du Quebec v. Quebec (Attorney General), 2018 SCC 18

Quebec (Attorney General) v. Alliance du personnel professionnel et technique de la sante et des services sociaux, 2018 SCC 17

In two recent decisions, the Supreme Court of Canada considered the whether several provisions of Quebec province’s gender pay equity legislation, the Pay Equity Act 1996, were contrary to section 15 of the Canadian Charter of Rights and Freedoms (addressing systemic wage discrimination against women).

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Unemployment benefits mistakenly paid by Croatian government do not have to be repaid, European Court of Human Rights finds

Čakarević v Croatia (European Court of Human Rights, First Section, Application no. 48921/13, 26 April 2018)

Ms Ilinka Čakarević, a Croatian national, brought proceedings against the Croatian government in relation to debt recovery proceedings brought by the government after they overpaid her unemployment benefits.

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