GLOBAL LAW UPDATES
2018 has witnessed an overwhelming number of developments garnering new ideas across the world
EXTRA TERRITORIAL IMPLICATION OF RIGHT TO ENVIRONMENT
The Inter-American Court of Human Rights, in its advisory opinion on environment and human rights, recognised the right to a healthy environment as fundamental to the existence of humanity. This Court opinion is precedent setting as it specifically enumerates the responsibility that states hold in protecting healthy environments and other environment-related rights. Notably, the Court included extraterritorial obligations (ETOs) saying that states' human rights obligations extend to all people, even those outside of states' borders.
US WITHDRAWAL FROM UNHRC
Former US Permanent Representative to the UN Nikki Halley announced that the United States was withdrawing from the UN Human Rights Council (HRC). Haley stated that the United States called for reform of the HRC a year ago and “made a good-faith effort to resolve the problems” they saw within the Council, but that progress had not been made since then.
UNSC RESOLUTION TO PROTECT CHILDREN IN ARMED CONFLICT
UN Security Council (UNSC) passed a resolution to strengthen protections for children in armed conflict. In the resolution, the Security Council condemns all violations of international law regarding recruitment of child soldiers to armed conflict, as well as all violence, abductions, and attacks against children in all situations of armed conflict. The resolution was passed unanimously.
DECRIMINALISATION OF CONSENSUAL ADULT SAME SEX RELATIONSHIPS
The Supreme Court of India, in a landmark judgment which came out in early September, decriminalised consensual same sex relationships holding that consensual sex between two adults was covered under the right to privacy. The Supreme Court said that Section 377 would continue to be in force in cases of unnatural sex with animals and children.
ICC TO EXERCISE JURISDICTION IN ROHINGYA CRISIS
International Criminal Court (ICC) Pre-Trial Chamber I held that the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh. The Chamber held that although acts concerning the “alleged deportation of members of the Rohingya people occurred on the territory of Myanmar (which is not a State party to the Statute), the Court may nonetheless exercise its jurisdiction, since an element of this crime (the crossing of a border) occurred on the territory of Bangladesh (which is a State party to the Statute).”
ADULTERY PROVISION DECLARED UNCONSTITUTIONAL IN INDIA
The Supreme Court of India unanimously struck down a 150-year-old law that considered adultery to be an offence committed against a married man by another man. Defined under Section 497 of their Penal Code, adultery law came under sharp criticism for treating women as possessions rather than human beings.
CRIMINAL CONVICTION FOR DISPARAGING RELIGIOUS DOCTRINES
The European Court of Human Rights ruled in E.S. v Austria that the applicant's criminal conviction for disparaging religious doctrines by suggesting that the Prophet Muhammad had had pedophilic tendencies did not violate Article 10 (freedom of expression) of the European Convention on Human Rights.
THE PARIS RULEBOOK
After last-minute wrangling over wording, it has ultimately succeeded in its crucial primary task of agreeing the so-called rulebook for the Paris agreement. It is a significant achievement as it will enable all countries to implement all the different elements of the Paris Agreement in a manner that can be measured, reported and verified in a uniform manner.
From Law Desk, The Daily Star.