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Germany: Berlin Adopts Antidiscrimination Act

(June 30, 2020) On June 21, 2020, a new antidiscrimination act entered into force in the city-state of Berlin, Germany. The act, entitled the State Antidiscrimination Act, prohibits Berlin public authorities, including police and public schools and universities, from engaging in discrimination on the grounds of gender, ethnic origin, racial association, religion or belief, disability, […]

Japan: Law to Prevent “Powa-Hara” (Power Harassment) Takes Effect

(June 22, 2020) On June 1, 2020, the 2019 amendment to the Labor Policy Comprehensive Promotion Act (Act No. 132 of 1966, amended by Act No. 24 of 2019 (Reiwa)) took effect. The amendment act, nicknamed the “Powa-Hara (Power Harassment) Prevention Act,” had been promulgated on June 5, 2019. A 2016 survey on power harassment […]

European Union: Court of Justice Rules against Poland, Czech Republic, and Hungary for Noncompliance with Migrant Relocation Obligations

(June 5, 2020) On April 2, 2020, the Court of Justice of the European Union (EU) in Luxembourg issued a judgment in Joined Cases C-715/17, C-718/17 and C-719/17, European Commission v. Poland, Hungary and the Czech Republic, finding these three countries in noncompliance with the temporary mechanism for the relocation of applicants for international protection […]

Switzerland: Prohibition on Sexual Orientation Discrimination Will Apply Starting July 1

(Apr. 30, 2020) In its session of April 3, 2020, the Swiss Federal Council, the country’s government, decided that a prohibition on discrimination due to sexual orientation will enter into force on July 1, 2020. The necessary amendments to the Criminal Code and the Military Criminal Code had been adopted by the Swiss Parliament on December 14, […]

Germany: New Act Allows Stepchild Adoption in Nonmarital Families

(Apr. 29, 2020) On March 31, 2020, an act that allows stepchild adoption in nonmarital families entered into force in Germany. The act implements a decision of the German Federal Constitutional Court of March 26, 2019, which ruled the exclusion of stepchild adoption in nonmarital families unconstitutional. The decision obligated the legislature to enact new […]

Israel: Exclusion of Single Men and Same-Sex Male Spouses with Genetic Affinity for the Newborn from Surrogacy Agreements Held Unconstitutional

(Mar. 24, 2020) On February 27, 2020, Israel’s Supreme Court, with an extended bench of five justices, unanimously ruled that same-sex couples and single men with genetic affinity for the newborn should have access to surrogacy agreements in Israel. (HC 781/15 Arad-Pinkas v. Committee for Approval of Surrogacy Agreements, State of Israel: Judicial Authority (all […]

Brazil: City of São Paulo Enacts Law Punishing Discrimination Based on Sexual Orientation and Gender Identity

(Feb. 26, 2020) On January 24, 2020, the mayor of the city of São Paulo enacted Law No. 17,301 (Lei No. 17.301 de 24 de Janeiro de 2020), which provides for administrative sanctions to be applied to discriminatory practices that are based on sexual orientation and gender identity. Under the new Law, any form of […]

Argentina: Law on Protection of Women Amended to Include Provisions on Political Violence

(Feb. 26, 2020) On November 20, 2019, the Congress of Argentina adopted Law 27533, which amended several provisions of Law 26485 of 2009 on the Comprehensive Protection of Women, to sanction any behavior that weakens, prevents, or limits the participation of women in public affairs on equal basis with men. The new Law’s amendment of […]

Mexico: Supreme Court Upholds Constitutional Right of People with Intellectual Disabilities to Marry

(Feb. 18, 2020) On January 30, 2020, the Supreme Court of Mexico declared unconstitutional the provisions in the Civil Code of the State of Guanajuato that expressly prohibit persons with intellectual disabilities from marrying. The National Human Rights Commission filed an action before the Court at the end of 2018 arguing that article 503, section […]

Indonesia: Constitutional Court Rejects Challenge to Law Establishing Papua as a Province

(Jan. 31, 2020) On January 6, 2020, Indonesia’s Constitutional Court (Mahkamah Konstitusi) issued a decision in which it rejected an application for judicial review of Law No. 12/1969 on the establishment of the West Irian Autonomous Province and the Autonomous Districts in the West Irian Province. (Mahkamah Konstitusi Putusan [Decision] No. 35/PUU-XVII/2019.) The area that made up […]