Case Law

The Court is requested to order the voidness of section 4 of the Prevention of Infiltration and Ensuring the Departure of Infiltrators from Israel 5775-2014 (Legislative Amendments and Temporary Provisions) 5775-2014 (hereinafter: the "Amending Law") that obliges foreign workers who entered Israel not through a border crossing (hereinafter: "Infiltrator Workers") and their employers to deposit in a special bank account a total amount at a rate of 36% of the worker's wages that will be paid to the worker only at the time of his departure from Israel (hereinafter: the "Deposit Scheme"). In short, the Petitioners argue that the Deposit Scheme, in general, or in the least some of its components, is unconstitutional and therefore should be voided.

23 April 2020 | Judicial Body: Israel: High Court of Justice | Topic(s): Administrative law - Asylum-seekers - Constitutional law - Illegal entry - Non-refoulement | Countries: Eritrea - Israel - Sudan

paragraph 112(2) (b.1) of the Immigration and Refugee Protection Act, SC 2001, c 27, is declared to be inconsistent with subsection 15(1) of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, insofar as it concerns nationals of countries designated pursuant to section 109.1(1) of the Immigration and Refugee Protection Act; and the following words - “or, in the case of a person who is a national of a country that is designated under subsection 109.1(1), less than 36 months,” - in paragraph 112(2) (b.1) shall have no force or effect with respect to such nationals;

20 March 2019 | Judicial Body: Canada: Federal Court | Topic(s): Constitutional law - Equality before the law - Safe country of origin | Countries: Canada - Hungary

insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15,19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent, which is completely voluntary in nature, and devoid of any duress or coercion.

6 September 2018 | Judicial Body: India: Supreme Court | Topic(s): Constitutional law - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Sexual and reproductive rights | Countries: India

26 April 2016 | Judicial Body: Papua New Guinea: Constitutional Court | Topic(s): Arbitrary arrest and detention - Asylum-migration nexus - Constitutional law - Freedom of movement - Immigration Detention - Right to liberty and security | Countries: Papua New Guinea

3 February 2016 | Judicial Body: Australia: High Court | Topic(s): 1951 Refugee Convention - Asylum-migration nexus - Constitutional law - Convention against Torture (CAT) - Immigration Detention - Refugee / Asylum law | Countries: Australia

21 October 2015 | Judicial Body: Uganda: Court of Appeal/Constitutional Court | Topic(s): Citizenship / Nationality law - Constitutional law - Naturalization - Refugees | Countries: Uganda

14 August 2014 | Judicial Body: Ecuador: Corte Constitucional | Topic(s): 1984 Cartagena Declaration - Constitutional law - Refugees | Countries: Ecuador

19 June 2014 | Judicial Body: Pakistan: Supreme Court | Topic(s): Constitutional law - Freedom of religion - International Covenant on Civil and Political Rights (ICCPR) - Laws relating to religion - Minority rights - Religious discrimination - State protection | Countries: Pakistan

26 December 2013 | Judicial Body: Dominican Republic: Constitutional Court | Topic(s): Constitutional law - Discrimination based on race, nationality, ethnicity - Election law - Elections | Countries: Dominican Republic