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Elias Neocleous & Co LLC | Cyprus | 24 Aug 2021

Human rights versus public health: preliminary assessment by Cypriot court

A first-instance court recently ruled on whether the obligation for Cypriot citizens to show a "safe pass" before entering specific premises was a breach of their core constitutional rights. This is the first time since the start of the covid-19 pandemic that a Cypriot court has been called on to balance the constitutional validity of restrictive measures, brought in to prevent the spread of......
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Gün + Partners | European Union | 6 Jan 2021

Constitutional Court rules on employers' review of employees' corporate emails

Whether employers can review employees' corporate email accounts and rely on any findings collected during such an inspection in a potential termination is a controversial issue in terms of personal data protection and privacy. The Constitutional Court has rendered two recent decisions on the right to privacy and privacy of communication with regard to corporate email accounts. Both decisions......
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Westerberg & Partners Advokatbyrå Ab | European Union, Sweden | 6 Apr 2020

Supreme Court rules on balancing of copyright and fundamental rights

A landmark Supreme Court judgment has closed the book on the widely known 'iron pipe scandal'. The court confirmed that fundamental rights such as freedom of the press, no matter how fundamental, do not justify the use of copyrighted materials outside the scope of the existing exceptions and limitations as set out in the Copyright Act and the EU InfoSoc Directive.
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Deriş Patents and Trademarks Agency | Turkey | 18 Nov 2019

Trademark rights versus freedom of speech

The Constitutional Court recently handed down an important decision regarding freedom of speech and unfair competition claims following the use of a company's trademark in an online domain name. This decision shows how the court handles cases in which fundamental rights such as freedom of speech and IP rights compete, especially in the service industry sector.
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Howse Williams 何韋律師行 | Hong Kong | 10 Jul 2019

Overturning lower court's decision – Court of Final Appeal hands down milestone judgment to LGBT community

The Court of Final Appeal recently handed down a landmark judgment in favour of the LGBT community. Employers are recommended to review their policies to ensure that they are in line with the principles laid down in the decision. In particular, employers should ensure that spousal employment benefits (eg, those set out in employment contracts) also apply to same-sex spouses, in addition to......
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Dentons | USA | 3 Jul 2019

#MeToo following Epic Systems

This article reviews the impact of the #MeToo movement, and other corporate culture concerns, on employers and its connection with the Supreme Court's decision in Epic Systems. There is concern that the court's decision will, in many cases, deprive women and men who have been victims of sexual assault or harassment in the workplace of their right to bring collective or class actions, as Epic......
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Zemberis, Markezinis, Lambrou & Associates | Greece | 7 Aug 2018

Denial of coverage could constitute hidden discrimination based on sexual orientation

By a majority two-to-one vote, the Athens Court of Appeal has found that an insurer's refusal to provide health insurance to a homosexual and histrionic man did not amount to illegal discrimination based on sexual orientation or infringe the plaintiff's personality rights. The dissenting opinion, which provided a detailed analysis of the non-discrimination principle, makes a statement about......
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Lewis Silkin | United Kingdom | 16 May 2018

EHRC gets tough on enforcing gender pay gap reporting

The Equality and Human Rights Commission is adopting a rigorous approach to the enforcement of the gender pay gap reporting regime. It recently confirmed in a Freedom of Information Act request that it has sent 1,456 letters to employers that it believes have failed to comply with the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 and indicated that it will be investigating......
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Elias Neocleous & Co LLC | Cyprus | 17 Apr 2018

Supreme Court decision breached European Convention on Human Rights

The European Court of Human Rights recently reviewed disciplinary proceedings against a former judge that had taken place in the Supreme Court in 2006 and resulted in the judge's dismissal. The court found by a majority of six votes to one that the disciplinary proceedings in Cyprus were in breach of Article 6(1) of the European Convention on Human Rights and ordered the Cyprus government to......
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Ibáñez Parkman y Asociados SC | Mexico | 22 May 2017

Social management of energy projects in Mexico: international law and human rights

The execution of major energy projects has been affected by social opposition from various communities, including individual landowners and indigenous communities, among others. The magnitude of this problem is best addressed from a human rights perspective, as the complex structure of international and regional organisations of which Mexico is a member has resulted in a vast number of......
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