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Legal news from Tuesday, January 1, 2013




US supports new Lebanon electoral law
Addison Morris on January 1, 2013 4:28 PM ET

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[JURIST] The US supports efforts in Lebanon to implement parliamentary elections, and encourages a timely and transparent election process, according to a statement [press release] made Monday by Ambassador Maura Connelly [official profile]. The statement was made after the ambassador met with President of the Chamber of Deputies Speaker Nabih Berri [embassy profile] to discuss "the political and security situation in Lebanon and regional events, particularly in Syria." During the meeting, the Ambassador "renewed the commitment of the United States to a stable, sovereign and independent Lebanon."

Current changes reflect a critical moment in the history of Lebanese government. In November 2011, US Secretary of State Hillary Clinton [official profile] urged militant group Hezbollah not to resort to violence [JURIST report] in an attempt to impede the investigation of the Special Tribunal for Lebanon (STL) [official website], which is investigating the 2005 murders of former Lebanese Prime Minister Rafik Hariri [official website] and 22 others. In an interview published by the Lebanese Newspaper An-Nahar [official website], Clinton reiterated US support for Lebanon and noted that the work of the STL is "legitimate and necessary." She also stressed the independence of the tribunal and that "no one knows what the Special Tribunal is going to do, who it might indict, or when it might choose to move forward." Clinton's interview followed remarks made by Hezbollah leader Hassan Nasrallah [BBC profile], who said he would "cut off the hands" of any person attempting to arrest a Hezbollah member in connection with the murder. Nasrallah has previously called for all Lebanese to boycott the STL [JURIST report] after information surfaced suggesting that the tribunal is set to implicate members of Hezbollah as participants in the assassination of Hariri.




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Putin signs new education legislation
Addison Morris on January 1, 2013 4:28 PM ET

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[JURIST] Russian President Vladimir Putin [BBC profile] signed new legislation [Kremlin press release, in Russian] on Monday establishing education standards and setting new guidelines for educators' salaries and school fees. The legislation has been previously approved by both the State Duma [official website, in Russian] and the Federation Council [official website]. The newly enacted legislation requires a mandatory course to teach the fundamentals of religion. The cost of kindergarten programs are to be assessed by each municipality independently, allowing each institution to determine whether to reduce the cost of care for certain families. The legislation also mandates that the minimum salary for teachers will be proportionate to the average salary of the economical region of their employment. Additionally, educators who live in rural communities are to be compensated for their utility expenses. Many educators protested the legislation, claiming the law would decrease the number of small rural schools and induce new fees for education. The law is effective on September 1, 2013.

Other recently passed laws in Russia have raised controversy in recent months. In July, Putin signed into law [JURIST report] a bill that labels all non-governmental organizations that engage in political activity as "foreign agents" and requires them to register with the Justice Ministry before receiving any foreign funding. Also in July, Russian politicians asked [JURIST report] the country's constitutional court to review a recently passed law that increases penalties against protesters who violate regulations. Earlier in July, the Duma approved [JURIST report] the third reading of a controversial Internet regulation bill. The online encyclopedia Wikipedia had shut down its site [JURIST report] in a one-day protest of the legislation, which it said in an article "may become the basis for real censorship on the internet." In May prominent Russian gay rights activist Nikolai Alekeyev became the first to be convicted [JURIST report] under a St. Petersburg city ordinance that prohibits the spreading "homosexual propaganda" to minors. People who oppose the new law, which was introduced in November and signed into law [JURIST reports] in April, claim it will prevent gay rights groups from being able to assemble in public.




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UN rights expert calls on Sri Lanka stop attacks on judiciary
Sung Un Kim on January 1, 2013 3:41 PM ET

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[JURIST] Threats and attacks against judges and lawyers who fight for the independence of the judiciary in Sri Lanka have increased [press release] in past few months, according to UN independent expert Gabriela Knaul [official profile]. The focus of her criticism was the impeachment proceeding against Sri Lankan Chief Justice Shirani Bandaranayake that began [JURIST report] in early November. Knaul condemned the removal procedure because it was "extremely politicized and characterized by lack of transparency, lack of clarity in the proceedings, as well as lack of respect for the fundamental guarantees of due process and fair trial." Knaul noted that such procedures, especially article 107 of the country's constitution, which allows the parliament to govern judiciary matter, violate the principle of separation of powers, due process and international standards. She urged the local government to reassess the impeachment of the chief justice, which should be determined by an independent committee to ensure the independence of the judiciary by preventing it from being subject to external influences.

In mid-December Bandaranayake appealed [JURIST report] her conviction arguing that she was not given adequate opportunity to present her defense. She asked to declare the committee's findings illegal and order parliament to suspend any further proceedings against her, pending appeal. She was found guilty [JURIST report] of three, out of five, charges of misconduct by the parliamentary committee earlier that month. The first charge was related to a conflict of interest claim. The fourth charge dealt with claiming of assets for tax purposes. The fifth charge was a claim of bias in dealing with a case against her husband. The second and third charges were dismissed. More than 300 of Sri Lanka's judges had met in the capital Colombo to call for impartiality [JURIST report] in the impeachment proceedings. In November the UN Special Rapporteur on the independence of judges and lawyers urged [JURIST report] Sri Lanka to take appropriate measures to protect the country's judiciary from threats, intimidation and physical attacks. Earlier last month hundreds of Sri Lankan lawyers and citizens protested [JURIST report] on the street in Colombo calling the government to halt to the impeachment proceedings.




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Texas judge allows state to defund Planned Parenthood
Julie Deisher on January 1, 2013 3:13 PM ET

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[JURIST] Visiting Judge Gary Harger ruled Monday that Texas may defund Planned Parenthood [official website; JURIST news archive] through its Affiliate Ban Rule [text, PDF]. The rule denies funding [CNN report] to any organization participating in the state's Women's Health Program [official website] that also performs abortions. Planned Parenthood had sought an injunction against implementation of the rule. Planned Parenthood has brought three lawsuits over the rule, arguing that it violates constitutional and state law. Another hearing with a different judge is scheduled for January 11, at which time Planned Parenthood will again ask for an injunction on the rule to permit them to receive state funding.

This is the latest development in the ongoing reproductive rights controversy [JURIST backgrounder] in the US. Last October the US Court of Appeals for the Fifth Circuit declined to reconsider its August decision to allow Texas to defund Planned Parenthood [JURIST reports]. The US Court of Appeals for the Seventh Circuit upheld an injunction [JURIST report] against an Indiana law that would block Medicaid funding for abortion providers earlier that same month. Also in October a federal judge blocked a similar bill [JURIST report] that would have defunded Planned Parenthood in Arizona. In August the Fifth Circuit upheld Louisiana's Act 490, which allows the Department of Health and Hospitals (DHH) to revoke an abortion clinic's license [JURIST report] immediately after a regulation violation, rather than allowing the abortion clinic time to comply with the regulation. That same month a Kansas judge refused to dismiss a lawsuit [JURIST report] challenging the state's new abortion clinic regulations after state officials asked that they be upheld without a trial.




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Chief Justice Roberts calls for more judicial resources in annual report
Sung Un Kim on January 1, 2013 3:12 PM ET

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[JURIST] Chief Justice of the United States John Roberts [official profile] on Monday released his 2012 year-end report [text, PDF], in which he urged the executive and legislative branches to address the needs of the federal judiciary in terms of financial and human resources. Roberts noted that the judiciary has been receiving only a small percentage of the federal budget to maintain its operations. He also described how the judiciary, as a result, has aggressively tried to cut costs since 2011 despite inflation, budget deficits and increased costs to maintain adequate service to the public. Notwithstanding the cuts and cost saving measures, however, Roberts went on to state that it has been increasingly difficult to cut additional costs while maintaining the judiciary's core functions that are "constitutionally and statutorily required" and still addressing the increasing caseloads of the courts. Unlike the executive branch, which has discretionary programs that it can either postpone or terminate, the judiciary must take cases that are within its jurisdiction. Roberts therefore stressed that justice would be undermined if insufficient funding for the judiciary continues, and encouraged President Obama and Congress to consider appointing additional judges to maintain the rule of law.

It is not the first time Roberts has asked the president and Congress to provide additional resources for the judiciary. In 2008 Roberts pressed for raises for federal judges [JURIST report] in his annual year-end report on the federal judiciary that year. As in the recent report he detailed steps that have been taken by the judiciary to reduce spending on rent, personnel and information technology and insisted that its members' requests were modest. In 2007 Roberts called for judicial pay raises [JURIST report] in accordance with pending legislation. In his 2006 report [JURIST report], Roberts declared that raises were necessary to keep up with private-sector salaries and to maintain the quality and independence of federal judges. Roberts' first annual report [JURIST report] in 2005 contained similar requests.




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UN SG calls for reform to protect women in India
Sung Un Kim on January 1, 2013 10:55 AM ET

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[JURIST] UN Secretary-General Ban Ki-moon [official profile] on Saturday called [official statement] on India's government to "strengthen critical services for rape victims," expressing sympathy for the family of the 23-year-old medical student who died from injuries sustained in a gang-rape last month. Ban also added that UN entities such as the UN Women [official website] are prepared to assist the country in adopting and enhancing measures to protect sexual assault victims. Ban condemned the recent crime and noted that violence against women should not be tolerated. The deceased was gang raped on a bus [NBC report] in New Delhi on December 16 and died in a Singapore hospital last week. Local authorities arrested and charged [JURIST report] six men, five between 20 and 40 years of age and one under the age of 18, with the murder of the student. Several entities and groups have urged the government to take measures to protect sexual assault victims. Human Rights Watch (HRW) [advocacy website] called for new laws [report, text] that would achieve such a goal. The six men could face harsh penalties including the death penalty.

India has been the focal point of several recent controversies concerning rape and sexual rights. Last week India Prime Minister Manmohan Singh [official profile] called for peace [JURIST report] after a protest over sexual violence resulted in a clash between protesters and police. In February the Indian Supreme Court heard additional arguments [JURIST report] challenging the decriminalization of homosexual intercourse. In 2009, the Delhi High Court decriminalized homosexual conduct [JURIST report] by declaring India's anti-sodomy law unconstitutional. In 2008, the UN found significant evidence that Indian peacekeeping troops committed sex-crimes [JURIST report] while stationed with the UN Organization Mission in the Democratic Republic of the Congo.




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Philippines Catholic Church to challenge reproductive health law
Sung Un Kim on January 1, 2013 9:47 AM ET

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[JURIST] The Catholic Church, which remains an influential institution in the Philippines where 80 percent of the population is Catholic, on Saturday announced that it will challenge newly approved birth control legislation [HB 4244, PDF] before the Supreme Court. The Church has opposed the new law arguing [ABC report] that it undermines the value of marriage and increase promiscuity. Critics view the new law as ineffective to control the country's fast growing population. In response, Philippine President Benigno Aquino [official profile] urged supporters and opposition, including the Church, to find alternative ways [AFP report] to resolve the differences. The new law, which had been pending for 13 years, establishes mandatory sex education in schools and government funding for contraceptives and family planning services, and also guarantees all individuals the right to receive reproductive health care information. Aquino signed the bill into law on December 21 after both chambers of the parliament approved [JURIST report] it two days earlier. The law is expected to go into effect in mid-January.

The right to sex education and contraceptives and associated funding concerns continues to be a global issue. In October, France approved [JURIST report] a bill to pay for contraceptive and abortion coverage for minors. A day earlier, a US federal appeals court declined [JURIST report] to rehear a Texas Planned Parenthood funding case. In September an Illinois appeals court ruled [JURIST report] that pharmacists can refuse to dispense birth control drugs. In May the Tennessee House of Representatives [official website] passed a bill that augments the state's abstinence-only sex education curriculum to allow parents to sue school teachers or organizations that promote "gateway sexual activity" [JURIST report]. In 2009 a German court rejected a challenge [JURIST report] on religious grounds to mandatory sex education.




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