By Keyword
Religion
India
Githa Hariharan & Anor v. Reserve Bank of India & Anorand, (February 17, 1999)
Supreme Court of India
Keywords: Discrimination-Gender/Sex, Marital Status, Religion
Brief Summary: Challenge to Hindu law which held that a mother could be the guardian of a child "after" the father. The court resolved the situation by holding that "after" did not exclusively mean death but could include a variety of situations.
CEDAW: The court stated, "India is a signatory to CEDAW...[t]he interpretation...placed on s6(a) gives effect to the principles contained in these instruments. The domestic courts are under an obligation to give due regard to international conventions and norms for construing domestic laws when there is no inconsistency between them."
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New Zealand
Mendelssohn v. Attorney-General, (May 4, 1999)
Court of Appeal, Wellington
Keywords: Discrimination-Religion; Other
Brief Summary: Case centered on a freedom of religion claim; the appellant claimed that his right to freedom of religion required an affirmative act of the part of the state. The Court held that it did not.
CEDAW: The court contrasted the freedom of religion with other rights (such as those contained in CEDAW). While human rights, such as those of equality afforded to women, required the state to take affirmative acts to effectuate those rights, the freedom of religion was premised on the state not taking action.
Full Text (LEXIS ONLY)
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