National law / Constitutional 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 | Document type: Case Law | Topic(s): Administrative law - Asylum-seekers - Constitutional law - Illegal entry - Non-refoulement | Countries: Eritrea - Israel - Sudan

4 August 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

6 June 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

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 | Document type: Case Law | Topic(s): Constitutional law - Equality before the law - Safe country of origin | Countries: Canada - Hungary

9 January 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

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 | Document type: Case Law | Topic(s): Constitutional law - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Sexual and reproductive rights | Countries: India

4 May 2018 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

6 April 2017 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation