LGBTQ+ RightsĀ
Australian court rules in groundbreaking case on gender identity !! š¦šŗš«š³ļøāš
Transgender woman Roxanne Tickle won a discrimination lawsuit against a women-only app after being denied access on the grounds that she was considered a man. A federal court ruled that while Tickle was not directly discriminated against, she became a victim of indirect discrimination, meaning the app's decision disadvantaged her because of her gender identity. The court ordered the app to pay compensation of 10 000 Australian dollars plus legal costs.
The decision is a significant breakthrough in issues of gender identity. The case has sparked a discussion about what it means to be a woman and may impact the legal interpretation of gender identity in other countries that have ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Regarding the interpretation of international treaties, national courts often look at how other courts have ruled, and so this case could influence decision-making practices in other states. Australian lawyers therefore expect this decision to affect similar cases at the international level! [1]
Roma Minority
Aftermath of the Supreme Administrative Court's decision regarding compensation for Romani women for unlawful sterilizations ā¤ļøāš©¹
The Ministry of Health has released statistics on the compensation for unlawful sterilizations of Romani women carried out between 1966 and 2012. Out of 1,296 compensation claims submitted since 2022, the ministry has approved 629 women. According to the 2021 law, each woman is entitled to compensation of 300,000 CZK, meaning the state has paid out over 188 million CZK for this period. However, this is not the final figure - 629 applications are still under review by the ministry, and 30 of them are currently being decided by the courts.
The courts must now also follow the new ruling of the Supreme Administrative Court from July 4, 2024, which established that the ministry itself is obligated to actively investigate whether the conditions for granting compensation have been met and cannot leave the burden of proof solely on the applicants. Such an approach would be contrary to the intent and purpose of the compensation law, which aims to ensure effective redress for medical practices where evidence (particularly medical records) was often destroyed. Proving the illegality of the sterilization would thus be impossible for the women concerned, and it is therefore sufficient if they provide what is known as a ādefensible claimā regarding how they were treated. The ministry must then, in line with the law's purpose, prove that the sterilization procedure was conducted in accordance with the law. Therefore, it should no longer be possible for the ministry to deny claims simply because the applicants could not provide proof of their claim. [2]Ā [3]
Remaining Category, or What You Shouldn't Miss Either
Iraqi parliament threatens to legalize child marriage š®š¶āļø
The Iraqi parliament is preparing an amendment to the Personal Status Law that would allow religious authorities, rather than state law, to decide on matters of marriage and inheritance, thereby threatening the fundamental rights of women and children. This proposed law, which passed its first reading on August 4, 2024, would legalize marriages for girls as young as nine years old, seriously undermining the rights of women and girls guaranteed by international law. Legalizing child marriages would increase the risk of sexual and physical violence and prevent girls from accessing education and employment.
Human rights activists and various Iraqi organizations have sharply criticized this proposal, arguing that it would represent a significant step backward in the fight for the rights of women and girls in Iraq. The proposal would not only legalize but also deepen the problem of child marriages in the country, with severe consequences for the future of many girls. This amendment would also legitimize unregistered marriages, which are currently illegal, and remove criminal penalties for men who enter into such marriages. Female parliamentarians from various political parties have joined forces to oppose this amendment, which would undermine the right to legal equality for all Iraqis. [2]
3 years of Taliban rule: Drastic Restrictions on Women's Rights in AfghanistanĀ š¦š«š
The Taliban, which took control of Afghanistan in 2021, promised a milder government than in the 1990s, but the current reality for women in the country is very different. According to new rules, women must remain fully covered whenever they leave their homes, and their voices are banned in public. A woman's voice is considered an intimate matter, and therefore women are not allowed to sing, recite, or read in public. These restrictions have also been criticized by Roza Otunbayeva, head of the UN mission in Afghanistan, who stated that the new rules further entrench already unacceptable restrictions on the rights of women and girls.
In addition, the Taliban has introduced strict rules regarding women's clothing, which must not be thin, tight, or short. Women are prohibited from making eye contact with men who are not family members, and vice versa. These regulations, part of the morality guidelines, will be enforced by the Ministry for the Promotion of Virtue and Prevention of Vice. Restrictions also apply to men, such as in the areas of beard shaving, listening to music, or attending prayers. Despite promises of moderation, the Taliban is reverting to its original strict measures, which significantly limit the rights of women and girls in Afghanistan.Ā [3]
[1] BETTIZA, Sofia. Australian court rules in landmark case that asked 'what is a woman?'. Online. BBC. 2024. Available at: https://www.bbc.com/news/articles/c07ev1v7r4po. [cit. 2024-09-01].
[2] MZd vyplatilo na odÅ”kodnÄnĆch za nezĆ”konnĆ© sterilizace pÅes 188 mil. KÄ. Online. DenĆkN. 2024. Available at: https://denikn.cz/minuta/1494128/. [cit. 2024-09-01].
[3] Ministerstvo zdravotnictvĆ pÅiznalo odÅ”kodnÄnĆ za protiprĆ”vnĆ sterilizace 629 ženĆ”m, dalÅ”Ć stovky ÄekajĆ na rozhodnutĆ. Å½Ć”dat se mÅÆže do konce roku 2024. Online. Romea.cz. 2024. Available at: https://romea.cz/cz/domaci/ministerstvo-zdravotnictvi-priznalo-odskodneni-za-protipravni-sterilizace-629-zenam-dalsi-stovky-cekaji-na-rozhodnuti-zadat-se-muze-do-konce-roku-2024. [cit. 2024-09-01].
[4] Iraq: Parliament Poised to Legalize Child Marriage. Online. Human Rights Watch. 2024. Available at: https://www.hrw.org/news/2024/08/16/iraq-parliament-poised-legalize-child-marriage. [cit. 2024-09-01].
[5] TĆ”libĆ”n zakĆ”zal, aby na veÅejnosti znÄl ženskĆ½ hlas. Online. Seznam ZprĆ”vy. 2024. Available at: https://www.seznamzpravy.cz/clanek/zahranicni-taliban-zakazal-aby-na-verejnosti-znel-zensky-hlas-258380. [cit. 2024-09-01].
Comments