In Freeman v. Quicken Loans, Inc. [docket; cert. petition, PDF], the court will decide whether Section 8(b) of the Real Estate Settlement Procedures Act (RESPA) [text] prohibits a real estate settlement services provider from only charging an unearned fee when the fee is divided between two or more parties. The US Court of Appeals for the Fifth Circuit held [opinion, PDF] that the RESPA prohibits only kickbacks and referral fees, not unearned fees by a sole provider of settlement services. Therefore, charges that Quicken imposed on the appellants for loan discount fees and a loan processing fee are not prohibited by Section 8(b) of the RESPA.

Also Tuesday, the court denied certiorari in Adar v. Smith [docket; JURIST report], in which a same-sex couple wants both their names on the birth certificate of an adopted child. The issue presented was whether denying non-married couples from having both names appear on an adopted child's birth certificate is a violation of the Equal Protection Clause of Fourteenth Amendment to the US Constitution.

The court also denied certiorari in the case of Mumia Abu-Jamal [docket; JURIST Philadelphia Inquirer backgrounder], letting stand the US Court of Appeals for the Third Circuit's decision [JURIST report] granting a new sentencing hearing for Abu-Jamal. Abu-Jamal is a former member of the Black Panthers who was convicted and sentenced to death for killing a police officer in Philadelphia in 1981.

Last month, the UNHRC voted 33-4 to adopt a resolution [JURIST report] ordering an investigation [press release] into crimes against humanity in Syria and urging the Syrian government once again to halt its violent crackdown against peaceful protesters. An emergency meeting was held in response to a plea [JURIST report] from UN High Commissioner for Human Rights Navi Pillay [official profile] to refer Syria to the ICC for an investigation into the violent suppression of anti-government protests. Many steps have been taken to try and halt the violence in Syria. In August, the Los Angeles Times reported that an unknown Western country is funding an investigation [JURIST report] into Syria's recent human rights abuses. In July, two UN rights officials expressed concern over reports of violence [JURIST report] used by Syrian authorities against the country's own people. In June, the UN Office of the High Commissioner for Human Rights (OHCHR) [official websites] published a preliminary report [JURIST report] describing human rights violations in Syria and calling for an investigation into government-authorized abuses related to pro-democracy protests that began earlier this year. In April, Pillay urged Syria to immediately halt the killings [JURIST report] and violence against civilian protesters in response to the fatal shootings of peaceful anti-government protesters.

While the decision marks progress in Egypt's journey towards democratic rule, certain election prohibitions continue to restrict its progress. The Egyptian Supreme Council of the Armed Forces [NYT backgrounder] on Saturday amended election rules to ban the use of religious slogans in campaigning [JURIST report]. The Supreme Council stated that "[e]lectoral campaigns based on the use of religious slogans or on racial or gender segregation are banned," adding that violators could be fined and face up to three months in jail. The new decree will have an immediate effect on the Muslim Brotherhood (MB) [party website; JURIST news archive] whose traditional slogan, "Islam is the solution," will be banned under the new electoral guidelines. The MB was officially declared legal [JURIST report] in June for the first time since the powerful political organization's inception nearly 80 years ago, but has been banned in Egypt since 1954.

Serbian authorities captured Mladic [JURIST report] in May, ending a 16-year manhunt for the former general colonel and commander of the army of the Serbian Republic of Bosnia and Herzegovina. During his appearance at the ICTY in July he was removed from the courtroom [JURIST report] for disrupting the proceedings. Mladic made his first appearance [JURIST report] at the ICTY in June, contesting the charges while simultaneously asking for more time to review them, which he was granted. He lost his final appeal in Serbia to avoid extradition and was transported to The Hague [JURIST reports] in early June. Mladic faces charges of genocide and crimes against humanity, including murder, political persecution, forcible transfer and deportations, cruel treatment and the taking of peacekeepers as hostages. He is most infamous for allegedly ordering the slaughter of 8,000 Muslim men and boys in the massacre of Srebrenica during the Bosnian civil war.

Throughout the world, violence against women is pervasive, widespread and unacceptable. Rooted in multiple and intersecting forms of discrimination and inequalities, and strongly linked to the social and economic situation of women, violence against women constitutes a continuum of exploitation and abuse. Whether it occurs in times of conflict, post conflict or so called peace, the various forms and manifestations of violence against women are simultaneously causes and consequences of discrimination, inequality and oppression.

Equality and women's rights continue to be an issue for much of the world. Manjoo also released a report in June that said there is a continued prevalence of violence and discriminatory treatment of women in the US [JURIST report], with a heightened impact on poor, minority and immigrant women. In March, UN High Commissioner for Human Rights Navi Pillay [official profile] pressed [JURIST report] Tunisia and Egypt to ensure that women's rights receive constitutional protection and to include women in the dialogue to shape the future of their countries. In January, a US Military panel recommended [JURIST report] that women should be allowed to serve on the front lines of combat. Last year, Human Rights Watch (HRW) [official website] called on the Afghan government to protect the rights of women [JURIST report] during integration and reconciliation efforts conducted with the Taliban [GlobalSecurity backgrounder] and other militants. Earlier in 2010, India's upper house of parliament, the Rajya Sabha [official website], approved a bill [JURIST report] to ensure that one-third of seats in parliament are reserved for women.

With the best will in the world, the Congolese government cannot deal with the legacy of the country's massive abuses alone. The crimes committed in Congo involved border-crossing perpetrators, placing responsibilities on many governments to ensure that justice is done. ... While some of the incidents covered in the mapping report were well known, the compilation of so many atrocities into one report was a shocking wake-up call. All concerned governments, as well as those named, should ensure that the report is not simply shelved, and take action on its findings.

Rights groups have consistently called for more accountability for human rights abuses in the DRC. In August, Amnesty International (AI) [advocacy website] called for justice system reform in the DRC. The report [text, PDF] stated that the justice system has allowed the Congolese army and other armed groups to engage in a "cycle of violence and human rights violations for decades," alleging that the groups have engaged in torture, sexual violence and murder against citizens and that very few perpetrators have been brought to justice. In July, the UN Organization Stabilization Mission in DR Congo (MONUSCO) in conjunction with the UN High Commissioner for Human Rights (OHCHR) [official websites] released a report [text, PDF] accusing soldiers in the Armed Forces of the Democratic Republic of Congo (FARDC) of committing mass rape [JURIST report]. The report is the first to officially provide evidence that national forces perpetrated mass rape, as opposed to reports of opposition forces using it as a weapon [JURIST report]. In May, UN Secretary-General Ban Ki-Moon and the UN Security Council [official websites] called for continued reforms [JURIST report] in the DRC in order to strengthen the country's rule of law.

Myanmar has sought to improve its international reputation following a transfer of power [BBC report] from a military regime to a civil system in March after holding its first elections in 20 years. Last month, Myanmar's government formed the Myanmar National Human Rights Commission (MNHRC) [JURIST report] to promote and safeguard the country's constitutional rights. In August, UN Special Rapporteur on the situation of human rights in Myanmar Tomas Ojea Quintana [official profile] urged the government of Myanmar to investigate human rights abuses [JURIST report] and improve its rights record. In May, Myanmar began releasing as many as 15,000 prisoners [JURIST report] as part of an amnesty program after a visit from a special envoy from the UN secretary-general, but rights groups claim the government has not gone far enough. Critics of the new regime argue it is merely a sham since it is made up of military generals and with the military party winning 80 percent of the vote.

It is becoming increasingly likely that the Supreme Court will review the health care law this term, especially after the US Department of Justice [official website] asked the high court to do so last month [JURIST report]. The DOJ was appealing an August ruling by the US Court of Appeals for the Eleventh Circuit [official website], which struck down the individual mandate [JURIST report] as unconstitutional, creating a circuit split. Virginia Attorney General Ken Cuccinelli [official website] has also asked the Supreme Court to weigh in [JURIST report] on PPACA, appealing a Fourth Circuit ruling. The US Court of Appeals for the Sixth Circuit [official website] upheld the law in June, and that ruling was appealed [JURIST reports] to the Supreme Court by the Thomas More Law Center [advocacy website]. Also in August, the US Court of Appeals for the Third Circuit [official website] dismissed a lawsuit [JURIST report] brought by a physician organization for lack of standing.

In 2009, Amnesty International (AI) [advocacy website] called for a public trial [JURIST report] for a Thai political activist accused of lese majeste, or insulting the royal family. Judge Prommat Toosang ordered [Reuters report] that the trial of Darunee Charnchoengsilpakul [advocacy website] be closed for national security reasons. AI's Asia-Pacific director Sam Zarifi noted that although the closure of trials is legitimate under the International Covenant on Civil and Political Rights (ICCPR) and the Thai Constitution, the government "will have a very difficult time explaining why the trial of someone charged with making an insulting remark could compromise Thailand's national security." Zafiri said that Prommat's guarantee of a fair trial was inadequate and "simply not verifiable" unless the trial is conducted in public.