The ILO Domestic Workers Convention (DWC) [text] was ratified by the Philippines earlier this month, giving that convention its second ratification and paving the way for the international treaty to enter full force of law. The ILO created the DWC to set the first global standards for domestic workers worldwide [JURIST report] to ensure they receive the same protections available to other workers such as weekly days off, work hour limits, limits on in-kind payment, minimum wage, clear information on terms and conditions of employment, and other benefits. The ILO adopted the DWC [JURIST report] at last year's annual meeting of ILO member states, the 100th Session of the International Labor Conference [official website]. That same month Megan McKee, University of Pittsburgh School of Law Class of 2012 and a legal researcher for the Centre for International Sustainable Development Law, wrote about the need for greater rights for migrant workers [JURIST comment], especially for those employed as domestic workers, and marked DWC's adoption as a "remarkable" passage of a "historic" international treaty.

Trauma from circumcision in childhood can also have a long lasting and significant effect on a person's mental health. ... No authoritative health policy maker in any jurisdiction with a frequency of relevant health conditions as low as that in Australia recommends circumcision as an individual or public health measure. ... [T]he law ought to condemn the waning tradition of circumcising ... boys for secular non-ethnicity related social reasons.

Circumcision [JURIST news archive] remains controversial throughout the world. In July the Bundestag [official website, in German], the lower house of the German parliament, was expected [JURIST report] to vote on a bill [text, PDF, in German] that would protect religious circumcision in Germany. The session came a week after the German government announced [JURIST report] its plan to act swiftly to lift criminal sanctions imposed on circumcision. In October California Governor Jerry Brown [official website] signed into law a bill that prevents local governments from banning [JURIST report] male circumcision. The law was written in response to a ballot measure proposed in San Francisco that would have made male circumcision illegal if the recipient was under the age of 18, with perpetrators penalized by a fine of $1,000 or imprisonment.

There are now more than 30 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, including 17 states that have passed laws that require a photo ID. Last month, the Brennan Center for Justice [advocacy website] released a report [JURIST report] describing the burden on Americans who must obtain government-issued photo ID to comply with restrictive state voter ID laws. The Challenge of Obtaining Voter Identification [report, PDF; press release] is the first comprehensive assessment of the difficulties that eligible voters face in obtaining free photo ID in order to vote. Last week a judge for the Pennsylvania Commonwealth Court declined to issue an injunction [JURIST report] to prevent the state's voter ID law [HB 943 materials] from taking effect. The judge found that the law is "a reasonable, non-discriminatory, non-severe burden when viewed in the widespread use of photo ID in daily life."

Dokdo is clearly an integral part of Korean territory, historically, geographically, and under international law, there is no territorial dispute over it, and as such, the [g]overnment of [South] Korea makes it clear that the Japanese [g]overnment's proposal to refer the issue over Dokdo to the International Court of Justice is not even worthy of consideration.

The hostility between Japan and South Korea over the islands escalated last week when South Korean President Lee Myung Bak [official website, in Korean] made a surprise visit to the islands [Al Jazeera report]. In March 2005 Japanese Prime Minister Koizumi Junichiro [official profile] mentioned [JURIST report] that the ICJ could be a good forum for resolving the dispute over the islands. Earlier in March 2005 a Japanese prefecture approved a symbolic resolution [JURIST report] calling for the creation of "Takeshima Day" to celebrate Japan's alleged sovereignty over the islands.

Clergy abuse has become a contentious legal issue in recent years, as the Vatican has come under intense scrutiny related to allegations of sexual abuse of children by local church officials. In February Monsignor Charles Scicluna, the church-appointed prosecutor in the ongoing clergy sex abuse [JURIST news archive] scandals, issued a warning at a symposium of bishops that they must follow rules in place for protecting victims of sexual abuse in the church or they risk being sanctioned. In November a UK court ruled [JURIST report] that Catholic priests qualify as employees, meaning that the Catholic church could be held liable for sexual abuse by clergy members. In September Amnesty International [advocacy website] claimed [JURIST report] that clergy members' abuse of Irish children amounted to torture. The report, titled In Plain Sight [text, PDF] called special attention to "people in positions of power" who "ignore their responsibility to act." Also in September, the Center for Constitutional Rights (CCR) [advocacy website] filed a complaint [JURIST report] with the International Criminal Court (ICC) [official website] against Vatican officials, including Pope Benedict XVI, for widespread sexual abuse and subsequent concealment of thousands of incidents. Since 2007, the Church has settled over 500 cases [JURIST news archive] of clergy abuse in the U.S. alone, totaling more than $900 million.

Technological advancements allowing increased access to information have raised legal controversy worldwide as consumers continue to express concerns about privacy. German data privacy authorities last week reopened an investigation into facial recognition software [JURIST report] used by Facebook that automatically recognizes facial features in pictures and "tags" users when others upload photos of them. The Supreme Court of Switzerland announced in June that it ruled partially for Google [JURIST report] in a case over privacy violations through its Street View service. Last August the American Civil Liberties Union announced that their affiliates were sending approximately 375 requests for information in 31 states to reveal how law enforcement uses location data tracking on cell phones [JURIST report]. Smartphones now come with built-in global positioning systems (GPS), allowing users' movements to be tracked by law enforcement agencies, sometimes prior to having the phone in custody.

EPA's Transport Rule exceeds the agency's statutory authority in two independent respects. First, the statutory text grants EPA authority to require upwind States to reduce only their own significant contributions to a downwind State's non-attainment. But under the Transport Rule, upwind States may be required to reduce emissions by more than their own significant contributions to a downwind State's non-attainment. EPA has used the good neighbor provision to impose massive emissions reduction requirements on upwind States without regard to the limits imposed by the statutory text. ... EPA's Transport Rule violates the statute. Second, the Clean Air Act affords States the initial opportunity to implement reductions required by EPA under the good neighbor provision. But here, when EPA quantified States' good neighbor obligations, it did not allow the States the initial opportunity to implement the required reductions with respect to sources within their borders.

A DC Circuit decision last week upholding the EPA's plan to add more ethanol to gasoline [JURIST report] marked a rare victory for the EPA, which has faced several legal defeats in the past year. Last week the US Court of Appeals for the Fifth Circuit [official website] ruled [JURIST report] that the EPA overstepped its bounds when it rejected a Texas plan to issue air permits. Three weeks ago the US District Court for the District of Columbia [official website] ruled [JURIST report] that the EPA violated several environmental statutes when it issued regulations on coal mining in the Appalachia region. In October a federal judge similarly ruled [JURIST report] against the agency regarding its process for granting permits used by coal companies for mountaintop removal mining in Appalachia. There, the court ordered that the EPA's 2009 guidelines be set aside so that all pre-2009 guidelines could be restored. In an out-of-court defeat last September the US House of Representatives [official website] passed [JURIST report] the Transparency in Regulatory Analysis of Impacts on the Nation Act 2011 [text, PDF], a bill that essentially blocks a number of proposed EPA regulations aimed at reducing emissions.

Tobacco labeling and advertising have been litigated for years. The US Court of Appeals for the District of Columbia Circuit last month upheld [JURIST report] a lower court decision to impose restrictions on cigarette makers for violating federal racketeering laws. Two weeks earlier, the US Court of Appeals for the Second Circuit struck down [JURIST report] requiring stores to display graphic anti-tobacco ads where tobacco products are sold. In March the US Court of Appeals for the Sixth Circuit ruled that graphic cigarette label warnings [JURIST news archive] are constitutional. The court decided unanimously that the portions of the Family Smoking Prevention and Tobacco Control Act (FSPTCA) [HR 1256 text] designed to limit the tobacco industry's ability to advertise to children, including a ban on distributing clothing and goods with logos or brand names, as well as sponsorship of cultural, athletic and social events requiring cigarette packaging and advertisements, is a valid restriction of commercial speech. Earlier that month, a judge for the US District Court for the District of Columbia ruled that the FDA regulation recommending warning labels is unconstitutional [JURIST report], issuing a permanent injunction

Basescu survived a similar referendum in 2007 [JURIST report] with 74 percent of the vote and only 44 percent turnout. In 2009 the Constitutional Court declared then-incumbent Basescu the winner of that year's disputed presidential election [JURIST report], returning him to office after unanimously rejecting a complaint by Basescu's opponent alleging voter fraud and bribery. Last week the Constitutional Court upheld a parliamentary change to the country's referendum law that lengthened voting times by an four extra hours [JURIST report], an effort led by Ponta and the USL to increase voter turnout for Sunday's referendum. A week earlier interim president Crin Antonescu [personal website, in Romanian] signed a law reinstating the 50 percent turnout threshold [JURIST report] after the Constitutional Court's ruling that it was improperly eliminated by Parliament. Also this month the Constitutional Court accused Ponta of overstepping his authority [JURIST report] by attempting to seize control over the judiciary system, after which European Commission (EC) President Jose Manuel Barroso [official website] summoned Ponta to Brussels to discuss concerns over some of the prime minister's policies, urging Ponta to respect the full independence of the Romanian judiciary and expressing the EC's desire that Romania maintain a democratic system of checks and balances.

Rights are guaranteed to women not on the basis of them being entitled to human rights by virtue of the fact that they are human, but rather, them being complementary to men. ... Although the text refers to women's role in nation-building, it conditions this on women being "complementary to men," thereby failing to establish the basis for full independence and empowerment of women, and their participation as active citizens for change.

Tunisia has faced political turmoil since former president Zine Al Abidine Ben Ali [BBC profile; JURIST news archive] left office amid nationwide protests. Earlier this month Human Rights Watch (HRW [advocacy website] urged Tunisia's new government to ensure judicial independence [JURIST report]. A Tunisian military court last month sentenced Ben Ali in absentia to life in prison [JURIST report] for his involvement in the killing of 43 protesters during last year's Tunisian revolution which resulted in the death of more than 200 protesters. Ben Ali was already sentenced to life in prison [JURIST report] for his involvement in the killing of 22 protesters. He has also been sentenced to 20 years [JURIST report] on charges of inciting violence and murder in connection with the death of four protesters. The two sentences were added to previous sentences amounting to 55 years in prison including 15 years for drug and gun charges and 35 years [JURIST reports] on charges of theft and unlawful possession of money and jewelry. In April the country's military appeals court upheld [JURIST report] the convictions against the former president for torturing military officers over an alleged coup plot in 1991. In January a military court started its trial against Ben Ali focusing on who ordered snipers to kill 41 protesters during last year's revolution. Ben Ali had denied [JURIST report] all charges brought against him.

Tolimir's trial, which began in February 2010 [JURIST report], has been delayed several times due to his health. Last December, an intelligence officer was convicted by the court for refusing to testify against Tolimir [JURIST report]. Mladic's own trial, which resumed last month, has also been repeatedly delayed [JURIST reports] by his health issues.

Civil society actors working on governance, human rights, land, oil, and other sensitive issues are the main targets of these attacks, apparently because they are viewed as threatening to undermine the regime's political and financial interests. At the same time the government's hostility to, and harassment of, Uganda's lesbian, gay, bisexual, and transgender ... community and its leadership continues unabated. Government officials demonizing homosexuality are targeting a vulnerable community and deliberately misinforming the public, stirring hatred and diverting foreign donor attention from deeply-rooted governance problems and growing domestic frustration with President Museveni and his party's patronage politics.

Uganda [JURIST news archive] has drawn international criticism lately regarding its human rights record. In June Uganda's government banned 38 NGOs accused of promoting gay rights [JURIST report]. Earlier in June UN Secretary-General Ban Ki-moon [official profile] warned [JURIST report] that the Lord's Resistance Army (LRA) [BBC backgrounder; JURIST news archive] still poses a threat to children in Uganda. In March Uganda opposition leader Kizza Besigye [JURIST news archive] Besigye's last prosecution gained international attention. He was arrested in 2011 [JURIST report] for his involvement in the "Walk to Work" protests. Earlier that year, UN High Commissioner for Human Rights Navi Pillay [official profile] urged [JURIST report] Uganda's government to stop using what she called excessive force against Besigye and other protesters. Besigye is the leader of Uganda's most prominent opposition party, the Forum for Democratic Change [party website].

Tymoshenko is currently facing additional charges of tax evasion. This trial has also been postponed on several occassions due to Tymoshenko's ongoing health problems. It was most recently postponed last week [JURIST report] after she declined to participate in the trial via a video link. The court had previously postponed a hearing [JURIST report] in that trial and ordered Tymoshenko to be seen by a court-appointed doctor in June after she again failed to appear in court due to health concerns. Tymoshenko is reportedly suffering from a spinal condition which causes her debilitating pain. Earlier that month, the ECHR ended an investigation [JURIST report] into the health care conditions of Tymoshenko, finding that the Ukrainian government provided her with adequate care. She previously alleged that prison guards were beating her [press release, in Ukrainian], and refused to be treated [JURIST report] by prison doctors for back problems, believing they were under the direction of political rival President Viktor Yanukovych. Tymoshenko has already been sentenced to seven years in prison on corruption charges. Ukrainian prosecutors have also indicated that she will face charges [JURIST report] in a 1996 contract killing.

Although [illegal immigration] is a problem that gives rise to unique issues in our nation, we must be mindful that individual states 'may not pursue policies that undermine federal law. ... We are ... convinced that Section 7 presents an obstacle to the execution of the federal statutory scheme and challenges federal supremacy in the realm of immigration.

Immigration laws [JURIST backgrounder] have became a hot button issue over the past few years when many states, Arizona being the first, passed laws giving their state and local officials more power to crack down on illegal immigration. On Friday Utah's Attorney General argued that the state's restrictive immigration law should be upheld [JURIST report] in light of the US Supreme Court's recent decision in Arizona v. United States [opinion, PDF; JURIST report]. Last month the American Civil Liberties Union (ACLU) and National Immigration Law Center (NILC) [advocacy websites] asked [JURIST report] a federal judge to strike down a provision of Arizona's law that requires police to check the immigration status of people they stop on Equal Protection grounds. The provision was upheld [JURIST report] by the US Supreme Court but only on the grounds that it did not conflict with the federal government's powers regarding illegal immigration. This decision also struck down two provisions of Arizona's law that made it a crime to be in the state or apply for a job in the state without valid immigration papers and one that allowed police officers to arrest without a warrant people whom they believed had committed a crime which could cause them to be deported. Other states' laws have been challenged as well, but many have been made easier due to the Supreme Court's ruling. Georgia argued [JURIST report] last month that its law is valid under the ruling, while Alabama conceded that some provisions of its law would need to be changed.

There are now more than 30 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, including 17 states that have passed laws that require a photo ID. Last month, the Brennan Center for Justice [advocacy website] released a report [JURIST report] describing the burden on Americans who must obtain government-issued photo ID to comply with restrictive state voter ID laws. The Challenge of Obtaining Voter Identification [report, PDF; press release] is the first comprehensive assessment of the difficulties that eligible voters face in obtaining free photo ID in order to vote. Ten states—Alabama, Georgia, Indiana, Kansas, Mississippi, Pennsylvania, South Carolina, Tennessee, Texas, and Wisconsin—now carry the most restrictive "no photo, no vote" type of voter ID law. Laws in Mississippi, South Carolina and Texas must receive Section 5 clearances in order to take effect. Last week a judge for the Pennsylvania Commonwealth Court declined to issue an injunction [JURIST report] to prevent the state's voter ID law [HB 943 materials] from taking effect. The judge found that the law is "a reasonable, non-discriminatory, non-severe burden when viewed in the widespread use of photo ID in daily life."

NML Capital has filed several actions [Bloomberg report] against Argentina in the US District Court for the Southern District of New York since 2003. In addition to the five money judgments upheld by the Second Circuit, NML has also been granted summary judgment in six other actions totaling more than $900 million. The eleven actions stem from Argentina's 2001 economic collapse [Time report] under the interim government of Adolfo Rodriguez Saa [official website, in Spanish] and the country's ensuing default on over $80 billion owed to foreign creditors.