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Maintaining and promoting the rule of law throughout the Commonwealth.
Tuesday 7th
10.30- 11.45
Constitutionalism, Human Rights & the Rule of Law


John McKendrick QC - Panel Chair
Dr Leonardo Raznovich
Erin Greene

B4 : LGBTI rights in the Commonwealth, the legacy of Empire and role of the Courts in upholding fundamental rights in the 21st Century

The extent of protection for the LGBTI community differs enormously across Commonwealth jurisdictions. Most jurisdictions have decriminalised homosexual acts, but several have maintained criminal sanctions on consenting same sex. In several jurisdictions it has fallen to judges to take steps to declare antiquated laws inconsistent with contemporary human rights. Will judicial activism continue? Same sex marriage recognition has also been the subject of controversy and the Privy Council will soon rule on this issue. Recognition and protection of the transgender community is also a source of complexity and tension. In England and Wales, recent cases have demonstrated how difficult it is to achieve a consensus in this area, particularly with regards to minors’ access to trans healthcare. This session will explore the tensions between Commonwealth jurisdictions and what brings them together.

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Invitation to Sponsor

Discover the benefits of sponsoring a session at the Commonwealth Law Conference 2021 which offers a unique opportunity for session partners to showcase their organisation, increase awareness and establish collaborative relationships with a truly international audience of law practitioners, senior justice leaders, academics, innovators and emerging new talent who will be present at this flagship biannual event.

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