Courts

Sea turtle swimming

Ecuador’s coastal ecosystems have rights, constitutional court rules

The Constitutional Court of Ecuador has determined that coastal marine ecosystems have rights of nature, including the right to “integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions, and evolutionary processes,” per Chapter 7, Articles 71 to 74 in the country’s constitution. This is not the first time that Ecuador has established legal rights for nature. In fact, Ecuador was the first country in the world to establish that nature held legal rights, Earth.org reported.

International court rules against El Salvador in key abortion rights case

The Inter-American Court of Human Rights has ruled that El Salvador violated the human rights of a woman who was denied an abortion despite her high-risk pregnancy in 2013. The court has ordered the Central American country to adopt “all necessary regulatory measures” so that doctors are authorized to terminate “pregnancies that pose a risk to the woman’s life and health.” The country has one of the world’s most restrictive anti-abortion laws: the procedure is prohibited under all circumstances, and women can even be charged with aggravated homicide, carrying sentences of 30 to 50 years in prison.

Dominique Pelicot sentenced to 20 years in prison in historic French rape trial

A French judge has found the former husband of Gisèle Pelicot, who admitted to drugging and raping her repeatedly over the course of almost a decade and inviting dozens of other men to assault her as well, guilty of aggravated rape. Forty-nine men whom Dominique Pelicot brought into his home to assault his wife were also convicted as part of the same trial. Over the course of the trial, Gisèle Pelicot was praised for her courage and became a symbol of the fight against sexual violence in France and around the world.

Pride flag

Japanese court rules marriage equality ban unconstitutional

The Fukuoka High Court of Japan has become the third of Japan’s eight high courts to rule that the government’s policy against same-sex marriage is unconstitutional. High Court Judge Takeshi Okada ruled that civil laws forbidding same-sex marriages violate the nation’s constitution, saying, “There is no longer any reason to not legally recognize marriage between same-sex couples.” However, he noted that any change in national marriage laws must be decided by Japan’s legislature, known as the National Diet.

Second Japanese high court rules in favor of same-sex marriage

A Tokyo high court in Japan recently ruled that the government’s policy against same-sex marriage is unconstitutional. The ruling marks the second time that one of the nation’s eight regional high courts has ruled in favor of marriage equality. The Tokyo high court ruled that the country’s ban on same-sex marriage is “a groundless legal discrimination based on sexual orientation” that violates the constitutionally guaranteed right to equality and dignity regardless of sex.

Chase Strangio to be the first openly trans lawyer to present to the Supreme Court

Strangio is the co-director of the American Civil Liberties Union’s LGBTQ & HIV Project, having played an instrumental role in guiding the organization through numerous trans-related legal battles. He was additionally part of the team that won a legal battle against a ban on trans care with the case Brandt v. Rutledge, representing four families with trans youth. He will make his debut on December 4 in U.S. v. Skrmetti, a case that will decide transgender rights in the country for years to come.

Nepal river valley with mountains in background

The Supreme Court of Nepal extends no-construction zones along major rivers in Kathmandu Valley

The ruling introduces an additional 66-foot buffer zone, which would impact thousands of households, raising concerns about property rights and potential displacement. While environmental campaigners have welcomed the court’s decision as a crucial step toward saving the rivers of the valley, where encroachment and dumping of untreated solid and liquid waste is rampant, the federal government, under pressure from the local people, has filed for a review of the decision.

Gavel

Joe Biden makes history by confirming 12th LGBTQ+ judge, the most of any U.S. presidency

Judge Mary Kay Costello made history on Tuesday when she became the 12th Senate-confirmed LGBTQ+ judge appointed by President Joe Biden. The Senate voted 52-42 to confirm Costello after a day-long hearing. She’ll now sit on the bench of the U.S. District Court for the Eastern District of Pennsylvania. Her confirmation helped Biden set a new record, topping both the Obama administration and Biden administration’s previously tied record of appointing 11 out LGBTQ+ judges.

Amazon River Rainforest

Malaysian court shuts down hydroelectric dam project on Indigenous land

A Malaysian court ruled this week that hydropower companies building a dam on land belonging to the Indigenous Semai people of Malaysia’s Perak state had failed to secure proper consent and must halt operations immediately. The court also ruled that the state and federal governments, and the federal agency tasked with overseeing Indigenous affairs, had failed in their duty to protect Indigenous land from encroachment. Activists expressed relief and elation at the verdict, which marks a major milestone for land rights for Malaysia’s Indigenous peoples, known collectively as Orang Asal.
The verdict can still be appealed.

South Korean flags

South Korean youth score historic climate victory

A top court in South Korea has ruled the country’s measures to fight climate change insufficient for protecting the rights of its citizens in Asia’s first climate litigation ruling of its kind. Currently, South Korea does not have any legally binding targets to cut greenhouse gas emissions between 2031 and 2049. This absence means the government cannot guarantee the protection of future generations, a right engrained in its constitution, the Constitutional Court of Korea ruled.

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