Legal news from Wednesday, October 23, 2013

[JURIST] A federal judge on Tuesday declined [order] to issue a preliminary injunction against the insurance subsidies provision of the Patient Protection and Affordable Care Act (PPACA) [text; JURIST backgrounder]. Judge Paul Friedman for the US District Court for the District of Columbia [official website] held that the lawsuit could … [read more]

[JURIST] Australia's Commonwealth government, led by Prime Minister Tony Abbott, filed suit on Wednesday challenging the validity of the Marriage Equality Bill [materials] passed on Tuesday by the Australian Capital Territory Legislative Assembly [official website], legalizing same-sex marriage [JURIST news archive]. In a writ of summons filed with the country's … [read more]

[JURIST] Human Rights Watch (HRW) [advocacy website] urged the National Assembly of Vietnam [official website] to bring the country's constitution in line with international human rights standards in a letter [text] sent Monday to Assembly chairman, Nguyen Sinh Hung. The National Assembly, Vietnam's legislative body, opened a draft constitution to … [read more]

[JURIST] A French court on Tuesday ruled that a Franco-Moroccan couple could marry despite a circular [text, PDF, in French] that bans same-sex marriage. The circular explained that France's bilateral agreement with 11 countries that do not recognize same-sex marriage prohibited French civil registrars from performing marriages between same-sex couples … [read more]

[JURIST] China defended its human rights record to the UN on Tuesday, insisting it was abiding by its obligations and cooperating with inquiries. Last week a group of independent UN rights experts issued a report [JURIST report] expressing concern over harassment of activists for their attempts to participate in a … [read more]

[JURIST] UN Special Rapporteur on torture Juan Mendez [official profile] on Tuesday encouraged governmental review [press release] of the UN Standard Minimum Rules for Treatment of Prisoners [text, PDF] adopted in 1955, with particular emphasis on limiting solitary confinement. Mendez noted the rules fail to keep pace with international human … [read more]

[JURIST] In an open letter to the UN Security Council [official website] on Wednesday, Kenya's UN Ambassador Macharia Kamau requested that the International Criminal Court (ICC) [official website] defer the trials against Kenyan officials [case materials]. Kamau emphasized the country's current security struggles and how the continued trial could prevent … [read more]

[JURIST] The UN Committee on the Elimination of Discrimination against Women (CEDAW) [official website] on Wednesday recommended [press release] a rule [General Council Recommendation No. 30, PDF] surrounding the obligations states owe to women during and after conflict. The recommendation was put forward in an attempt to provide guidance to … [read more]

[JURIST] Lawyers for five Guantanamo Bay inmates implicated in the 9/11 terrorist attacks [JURIST backgrounders] on Tuesday argued that restrictive rules for classifying evidence violate the Convention Against Torture [materials], a treaty that the US ratified in 1994. The lawyers represent Khalid Sheikh Mohammed [JURIST news archive] and four other … [read more]

[JURIST] Human Rights Watch (HRW) [advocacy website] on Wednesday urged [press release] the EU to allow migrants and asylum seekers to find refuge in Europe. HRW's statement comes in the wake of a tragedy earlier this month in which hundreds of migrants drowned on their way from Libya to Italy … [read more]

[JURIST] The US Court of Appeals for the Third Circuit [official website] ruled [opinion, PDF] Tuesday that a warrant is required prior to the government's attachment of a global positioning system (GPS) [JURIST news archive] device to a vehicle for the purposes of monitoring the vehicle's movements. In December 2010 … [read more]

[JURIST] The UN special rapporteur on the rights of indigenous peoples James Anaya [official profile] on Tuesday voiced concern [statement] over the fate of the UN Declaration on the Rights of Indigenous Peoples [text], stating that its implementation would be "difficult, if not impossible" without greater awareness of human rights … [read more]

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