 |
|

Legal news from Sunday, July 15, 2012 |
 |
|


Federal judge allows more time for abortion clinic to comply with new law
Jaimie Cremeans on July 15, 2012 5:15 PM ET

[JURIST] The US District Court for the Southern District of Mississippi [official website] on Friday ordered [order text, PDF] that the state's new abortion law could take effect, but ordered that the state not prosecute the plaintiff, Jackson Women's Health Organization (JWHO) [official website], for continued operation of the clinic while it is in the process of meeting the new standards required by the law. JWHO, the state's only clinic that performs abortions, challenged the law [JURIST report] last month as an unconstitutional burden on women in the state's ability to obtain an abortion. The law requires that all doctors associated with abortion clinics have admitting and staff privileges at local hospitals, which is something only one of the three doctors performing abortions at JWHO currently have. The two that do not have these privileges are also the two doctors who perform the majority of the abortions for the clinic, as the other doctor has his own private practice. JWHO asked for a preliminary injunction against the law, which was granted [JURIST report] earlier this week. The new order modifies the injunction to protect JWHO from prosecution and civil liability if it continues to operate while in the process of obtaining privileges, and grants immunity for as long as the doctors are making an effort to comply with the law. The court noted however that this is a "fluid situation" because no one knows for sure whether or not these doctors will be able to obtain the required privileges, and "resolution of that issue will impact the ultimate issues in this case."
Abortion rights has been an ongoing issue in the US, even after the Supreme Court's 1973 ruling in Roe v. Wade [opinion text] declaring that women had a constitutional right to obtain abortions. Earlier this month, the Guttmacher Institute [official website] released a report [JURIST report] showing that the number of states enacting laws hostile to abortions has increased over the past decade. This increase in abortion restrictions has led to many civil rights suits. Rights groups challenged an Arizona law [JURIST report] earlier this month which prohibits abortions after 20 weeks unless there is a medical emergency. Last month, Oklahoma's attorney general appealed a ruling [JURIST report] by a federal district court invalidating the state's law requiring women to obtain an ultrasound within an hour of their abortion procedure and have a doctor explain it to them.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Kuwait criticized for treatment of Bidun minority
Julia Zebley on July 15, 2012 2:30 PM ET

[JURIST] Amnesty International (AI) [advocacy website] criticized [press release] the government of Kuwait [BBC backgrounder] on Friday for continuing to limit the rights of the Bidun. The Bidun jinsiyya, Arabic for "without nationality," are a class of illegal immigrants in Kuwait and United Arab Emirates (UAE), who remain non-citizens either because their ancestors immigrated without filling out state paperwork before 1920, or they settled as a refugee in the nation after 1920. There are approximately 106,000 Bidun, and while recent laws have allowed them access to obtaining birth certificates and basic government services, they still contend they are discriminated against. Bidun have protested [Kuwait Times report] various discriminatory actions from the government, with AI and Human Rights Watch (HRW) reporting that peaceful protests have been broken up by force [HRW report]. HRW alleged that: "[s]ecurity forces used water cannons, tear gas, smoke bombs, and concussion grenades (sound bombs) to break up the demonstrations; they beat some protestors, and detained dozens. Bidun detained during the protests reported beatings and physical abuse in detention." On Thursday the Kuwaiti Ministry of the Interior [official website] ended several protests and discouraged future protests [Kuwait Times report]. He stated that these demonstrations inherently violate the law, as non-citizens are not guaranteed free assembly. AI criticized the Kuwaiti government's stance and asked that "the law fully guarantees the right to freedom of assembly without discrimination, in line with international law." It also reported that the protests were ended by using force against the Bidun.
Kuwait has been accused of censorship and stifling protests from citizens in addition to the Bidun. A Kuwait court sentenced a man to ten years of imprisonment for posting insulting and defaming comments [JURIST report] about the Prophet Muhammad and the Sunni Muslim rulers of Saudi Arabia and Bahrain on Twitter. Similarly last July, HRW urged Kuwait to immediately release [JURIST report] two men being detained for posting messages on the Internet criticizing Middle East rulers. HRW reported that in June authorities detained and investigated Nasser Abul for threatening state security using Twitter and Lawrence al-Rashidi for posting a YouTube video criticizing Kuwait leader. His Tweets support the protestors demonstrations against Bahrain King Hamad bin Isa al-Khalifa.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

UN confirms recent attack on Syria civilians
Julia Zebley on July 15, 2012 1:07 PM ET

[JURIST] UN observers confirmed [press release, PDF] Saturday that an attack on activists and army defectors in the Syrian village of Tremseh occurred on Thursday. The United Nations Supervision Mission in Syria (UNSMIS) reported signs of military presence: "There were pools of blood and blood spatters in rooms of
several homes together with bullet cases. The UN Team also observed a burned school and damaged houses with signs of internal burning in five of them. A wide range of weapons were used, including artillery, mortars and small arms." The observers did not report finding any bodies and stated that the casualty count is unclear at this time. Other reports indicate that there could be as many as 200 casualties [UN News Centre report]. The UNSMIS suspended its mission in June [JURIST report] but entered for a preliminary investigation on the Tremesh allegations after a ceasefire was announced, and will continue to investigate. After the UNSMIS produced evidence of the attack, which if perpetrated by the Syrian military would violate the UN peace plan [JURIST report], UN Secretary General Ban Ki-moon [official website] contacted China's Foreign Minister Yang Jiechi [official profile] in the hopes that the nation can influence President Bashar al-Assad [BBC backgrounder] to fully comply with the peace plan. Ban decried [JURIST report] the latest attack on Friday and questioned al-Assad's commitment to the peace process. A spokesperson for Syria denied that a massacre occurred [BBC report], stating that armed clashes of low-level troops resulted in only 37 casualties. He alleged that the UN rushed to judgment of the situation.
Syria has been plagued with violence over the past year and a half, and human rights groups have blamed both the government and anti-government groups for the resulting deaths. Despite al-Assad agreeing to implement the peace plan, reports of violence continue. The attack on Tremesh happened on the same day video of unexploded cluster munitions found in the Hama region [JURIST report] was reported by Human Rights Watch (HRW) [advocacy website]. Last week, HRW reported that Syrian authorities have been maintaining secret detention facilities [JURIST report] to hold and torture prisoners. Another group reported that forces use sexual assault as a weapon [JURIST report] in the conflict. The UN was urged to extend the UNSMIS mission [JURIST report] due to the continuous reports of violence in the nation.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|