A Guide to Litigating Identity Systems BACKGROUND TO THE NATIONAL COURT DECISIONS 13. The following paragraphs provide brief overviews of the three most recent and relevant identity systems cases. This line of cases from Mauritius, India, Jamaica, and Kenya inform the recent debate surrounding identity systems and the arguments discussed in this guide. Although other national cases exist and are mentioned throughout this guide, including cases in Taiwan and the Philippines, the Mauritian, Indian, Jamaican, and Kenyan judgments develop the core arguments illustrated here. While some international court judgments have explored biometrics, there has been a lack of identity systems jurisprudence at the international and regional court level thus far. Where identity systems have been discussed, national courts have generally acknowledged potential human rights implications, followed by some form of proportionality analysis weighing the rights implications with the stated aims and benefits of the systems. The balancing undertaken in these proportionality tests is highly court and context specific, but this guide provides a variety of arguments and potential rights implications that should be considered in light of proportionality frameworks. 9