US state and federal courts have been forced to interpret medical marijuana statutes in recent years. In January a judge for the US District Court for the District of Arizona [official website] granted an American Civil Liberties Union [advocacy website] motion to dismiss a lawsuit [JURIST report] challenging Arizona's voter approved medical marijuana law. In August 2011 a Michigan court of appeals ruled [JURIST report] that medical marijuana cannot be sold at private dispensaries. In January 2010 the California Supreme Court [official website] overturned [JURIST report] a 2003 law limiting the amount of marijuana that may be possessed under the state's Medical Marijuana Program.

The struggle against forms of torture, and the negative effects it creates, has been an ongoing global struggle. In May Mendez made a nine-day visit to the Republic of Tajikistan [BBC profile], where he praised that country's effort to modify its criminal justice system designed to aid in eradicating torture [JURIST report], but he also found that mistreatment of suspects remains the norm. In March Mendez formally accused [JURIST report] the US government of cruel, inhuman and degrading treatment towards Pfc. Bradly Manning [advocacy website; JURIST news archive], the US soldier held in solitary confinement for nearly a year based on his alleged involvement in WikiLeaks [official website; JURIST news archive], the largest intelligence leak in US history.

The Italian government is not living up to its international obligations and to its commitments to the European Commission. Children, women and men living in camps continue to be evicted without adequate consultation, notice and alternative housing. Inhabitants of informal camps are the worst affected and continue to be kicked out at every opportunity.

Roma continue to be targets of discrimination across Europe. In August AI urged [JURIST report] the government of Hungary to protect Roma living in the country from attacks initiated by the far-right Jobbik [party website, in Hungarian] party. During the same month, Human Rights Watch (HRW) reported [JURIST report] that French authorities raided two camps inhabited by Roma and evicted all of the more than 200 residents, leaving them without homes. French officials claim the dismantling of the camps was due to unsanitary conditions and "tensions" between the Roma and the local population. In April HRW found [JURIST report] that Roma in Bosnia and Herzegovina face exclusion from politics and public institutions. The report detailed a lack of stability and security for the Roma and their families due to forced evictions, which lead to inadequate housing conditions.

The elections are the latest step in Somalia's transformation to a peaceful nation. In August Augustine Mahiga [official profile], head of the UN Political Office for Somalia (UNPOS) [official website], expressed growing concern [JURIST report] over the continuing delays in selecting the new parliamentarians. A week before, UN Special Representative of the Secretary General (SRSG) for Somalia and Mahiga welcomed [JURIST report] the presidential decree on the Somalia's National Security and Stabilization Plan (NSSP). Earlier that month, the country's constituent assembly approved [JURIST report] a draft of the new constitution with over 96 percent of the 645 ballots cast in the special 825-member assembly after eight days of debate. The new constitution also has to be ratified by a national referendum. In June President Ahmed and the TFG signed [JURIST report] a decree establishing the legal framework by adopting a new constitution convened by the National Constituent Assembly (NCA). In May Somalia was called on to address the issue of legitimate judicial systems [JURIST report] in Mogadishu and South Central Somalia after the UN Independent Expert on the situation of human rights in Somalia found that there were significant difficulties in harmonizing Sharia law with modern international and human rights law.

In July the court heard arguments [JURIST report] over a claim brought in opposition to the ESM. In June the court ruled [JURIST report] that the German Bundestag has the right to be heard on the European financial crisis, holding in a case initiated by the Green party that Chancellor Angela Merkel failed to notify the parliament early enough about plans for the ESM regarding its sister party in Austria. Although that decision did not have any effect on the 500 billion euro ESM, it increased the parliament's rights by requiring the chancellor's government to provide notice to the parliament as early as possible in the future. A previous ruling that gave the parliament similar rights over matters concerning the EU was issued in February. The country's constitutional court held [JURIST report] that the use of a parliamentary subcommittee to fast-track decisions related to eurozone bailouts is unconstitutional, instead requiring the entire Bundestag to overview such decisions. In September the court ruled [JURIST report] that the parliament did not unconstitutionally impair its own ability to adopt and control the nation's budget, nor did it infringe on the budget autonomy of future parliaments.

The trials of officials like Dorda and of Muammar Gaddafi's son, Saif al-Islam [JURIST news archives], are being considered by some as test cases of Libya's ability to try high-profile Gaddafi associates, while many feel that the International Criminal Court (ICC) [official website] would be a more suitable venue. In August Saif al-Islam said that he would prefer a trial in the ICC [JURIST report] because he felt he could not get a fair trial in Libya. In June four ICC staff members who traveled to Libya to speak with Saif al-Islam were detained [JURIST report] by Libyan security forces. They were in custody for nearly four weeks. Upon her release [JURIST report], ICC lawyer Melinda Taylor said she did not believe Saif al-Islam would receive a fair trial in the country.

This is the most recent development in the ongoing same-sex marriage [JURIST backgrounder] debate. Earlier this week several groups joined Windsor's challenge [JURIST report]. In August the Gay & Lesbian Advocates & Defenders [advocacy website] asked [JURIST report] the Supreme Court to review the second case mentioned above. In July a lesbian couple filed a lawsuit in the US District Court for the Central District of California [official website] in a DOMA challenge that seeks to achieve for gay and lesbian couples the same federal immigration rights afforded to heterosexual couples [JURIST report] under the Immigration and Nationality Act [materials] In addition, JURIST has published two editorials related to DOMA earlier this month. The first focuses the potential constitutional flaws of DOMA [JURIST comment] and the second discusses the deeper federalism issues that are contained in the law [JURIST op-ed].

This is the latest ruling in a long-running appeals process. The reduced damages of $54,000 were awarded [JURIST report] last July, a reduction from the $1.5 million ruling handed down in November 2010. January 2010 was the first time the damages were reduced from $1.9 million [JURIST report]. The $1.9 million award came from a trial in June 2009, in which a federal jury in Minnesota assessed damages [JURIST report] at $80,000 per song. Those proceedings against Thomas-Rasset were a retrial of a previous judgment against her, granted by a federal judge on the grounds that the court erred by instructing the jury that making the music available on the KaZaA network was enough to violate the Copyright Act and that the $222,000 in damages [JURIST reports] was excessive. In 2008, the RIAA said that it would discontinue its controversial policy [JURIST report] of suing suspected file-sharers and instead will seek cooperation with major Internet service providers to cut off access to repeat offenders.

Over the past few months federal courts throughout the country have blocked or voided new voting rules seeking to restrict early voting and other processes related to elections. In August a three-judge panel in the US District Court for the District of Columbia unanimously rejected [JURIST report] a Texas law requiring voters to present photo identification to election officials before casting their ballots. Also in August a judge for the US District Court for the Northern District of Florida blocked [JURIST report] Florida from implementing a portion of its controversial voting law that shortens the deadlines for groups conducting voter registration drives to submit registration forms to the state. In addition, last month a judge for the US District Court for the Southern District of Ohio blocked [JURIST report] a state election law adopted in 2006 that discards provisional ballots cast in the wrong precinct. In mid-August the US District Court for the District of Columbia declined to approve [JURIST report] changes to Florida election law that would have reduced the number of early voting days in five of the state's 67 counties.

Idaho's new abortion law, passed in April 2011, makes it a felony to terminate a pregnancy after 20 weeks based on controversial science indicating a fetus may feel pain after 20 weeks of development. A judge in the US District Court for the District of Idaho [official website] issued a temporary injunction [JURIST report] in September 2011 preventing the state of Idaho from enforcing the law, and the prosecuting attorney Mark Hiedeman appealed. McCormack discovered she was pregnant and, using a combination of FDA-approved abortion pills obtained over the Internet in December, terminated her pregnancy at between 20 and 21 weeks of gestation. Because McCormack terminated her pregnancy before the new statute's passage she could not be prosecuted for its violation, and a judge dismissed for lack of evidence the charges brought under the 1972 law.

Strong regional mechanisms play a key role in reinforcing the international human rights system. However, my concern is less for the bodies themselves than for the people whose human rights will be affected. I fear that a vital layer of human rights protection for Venezuelans—and potentially for other Latin Americans as well—will be stripped away if this decision is carried out, and they will be left far more vulnerable to abuses with fewer remedies available. I therefore urge Venezuela to reconsider its decision to withdraw from the American Convention on Human Rights.

The Venezuelan government and the IACHR have clashed in the past. In 2011 Chavez criticized the IACHR [JURIST report] for ruling in favor of presidential hopeful Leopoldo Lopez, allowing him to run for office despite a separate court ruling barring him from the election. Chavez said the ruling was politically motivated and that the court was influenced by the US. In June 2010 the IACHR sent a letter to the Venezuelan government expressing concern [JURIST report] over the increasing threat to freedom of expression in the country, citing three recent cases that caused particular concern. In February 2010 the IACHR released a report [JURIST report] providing a detailed analysis on the state of human rights in Venezuela, which ultimately concluded that not all citizens are ensured full enjoyment of their basic human rights. The top Venezuelan human rights official criticized the report [JURIST report] and said that the report makes unfair characterizations and undermines Venezuelan democracy.