Download or read book Homosexuality and the European Court of Human Rights written by Paul Johnson and published by Routledge. This book was released on 2013-09-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Homosexuality and the European Court of Human Rights is the first book-length study of the Court’s jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court’s interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a ‘living instrument’ to be interpreted ‘in the light of present-day conditions’ the Court’s judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court’s jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court’s interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.

Download or read book Homosexuality and the European Court of Human Rights written by Paul Johnson and published by . This book was released on 2014-03-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The first book-length study of the Court's jurisprudence in respect of sexual orientation."--Half title page.

Download or read book Homosexuality A European Community Issue written by Andrew Clapham and published by BRILL. This book was released on 2021-09-27 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Homosexuality: A European Community Issue is a groundbreaking study of the situation of lesbians and gay men in the European Community and how this will be affected by the evolution of the EC into the European Union. It provides a cogent analysis of the social, legal and economic discrimination against homosexual men and women, their organisations and businesses. Twelve authors from different academic backgrounds investigate if, where, and how the European Community institutions are competent to combat discrimination against lesbians and gay men. The authors deal extensively with many policy areas in which the EC plays a prominent role, such as sex equality, free movement of persons, goods and services, employment and family policy. Homosexuality: A European Community Issue is the first comprehensive study into this rapidly developing area of policy making. This eminently readable volume will serve as an indispensable reference book for academics, activists and policy makers for many years to come. An index of relevant legislation, case-law and extensive cross-referencing guarantee it will be of great practical use to anyone interested in lesbian and gay rights in the European Community.

Download or read book Sexuality and Human Rights written by Phillip Tahmindjis and published by Routledge. This book was released on 2014-05-22 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finally—a comparative overview of sexuality and human rights issues and law! Human rights issues exist globally, particularly when they have to do with sexuality. Sexuality and Human Rights: A Global Overview focuses on the controversial issues of human sexuality and the legal challenges that LGBT individuals face. Internationally recognized legal experts thoroughly discuss the status of important human rights laws pertaining to sexuality from around the world. Reviewing the progression from historical foundations and shifting public opinions through the most recent landmark legal cases, this is an essential resource on the present state of human rights laws and sexuality. This unique, up-to-date examination of the legal issues involving LGBT individuals’ rights around the world reviews the latest rulings, such as the adoption of minors by homosexual or bisexual parents, the legal acceptance of marriage between same-sex couples, whether the gender-reassigned can be legally considered their true gender identity, and much, much more. Sexuality and Human Rights: A Global Overview illustrates the journey our worldwide legal systems have traveled, and the path stretching before them, until the destination of equality and acceptance in sexuality may finally be reached. Well-referenced, comprehensive, and yet accessible to the general reader, this book provides a crucial, provocative look at just what basic sexual human rights means in today’s laws. Some of the topics of Sexuality and Human Rights: A Global Overview include: perspectives and objectives to challenge discrimination sexuality and international human rights law sexuality and human rights in Australian law transsexuals issues in European human rights law sexual orientation and gender identity legal issues in North America the present state of sexuality and human rights in European law the Asian legal perspective on sexuality and human rights laws pertaining to sexual identity issues Sexuality and Human Rights: A Global Overview is a vital reference source for law educators, law students, gay rights activists, and law reformers.

Download or read book Constitutional Courts Gay Rights and Sexual Orientation Equality written by Angioletta Sperti and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.

Download or read book Sexuality and Transsexuality Under the European Convention on Human Rights written by Damian A Gonzalez Salzberg and published by Bloomsbury Publishing. This book was released on 2019-02-07 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes a critical analysis of international human rights law through the lens of queer theory. It pursues two main aims: first, to make use of queer theory to illustrate that the field of human rights law is underpinned by several assumptions that determine a conception of the subject that is gendered and sexual in specific ways. This gives rise to multiple legal and social consequences, some of which challenge the very idea of universality of human rights. Second, the book proposes that human rights law can actually benefit from a better understanding of queer critiques, since queer insights can help it to overcome heteronormative beliefs currently held. In order to achieve these main aims, the book focuses on the case law of the European Court of Human Rights, the leading legal authority in the field of international human rights law. The use of queer theory as the theoretical approach for these tasks serves to deconstruct several aspects of the Court's jurisprudence dealing with gender, sexuality, and kinship, to later suggest potential paths to reconstruct such features in a queer(er) and more universal manner.

Download or read book Going to Strasbourg written by Paul Johnson and published by Oxford University Press. This book was released on 2016-09-23 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its inception, the European Convention on Human Rights has been a beacon of hope to gay men and lesbians in Europe. Going to Strasbourg: An Oral History of Sexual Orientation Discrimination and the European Convention on Human Rights provides a comprehensive account of how individuals in the United Kingdom have utilized the Convention, by way of making applications to its organs in Strasbourg in order to challenge sexual orientation discrimination. Combining an exhaustive analysis of Strasbourg case law with nineteen unique oral histories of applicants, legal professionals, and campaigners, this book is the definitive history of the role that 'going to Strasbourg' has played in eradicating discrimination and establishing legal equality on the grounds of sexual orientation in the UK.

Download or read book Sexual Orientation and Human Rights written by Robert Wintemute and published by Oxford University Press, USA. This book was released on 1995 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2. Articles 1O and 11

Download or read book Courting Gender Justice written by Lisa McIntosh Sundstrom and published by Oxford University Press. This book was released on 2019-02-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.

Download or read book Over the Rainbow The Road to LGBTI Inclusion written by OECD and published by OECD Publishing. This book was released on 2020-06-24 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discrimination against LGBTI people remains pervasive, while its cost is massive. This report provides a comprehensive overview of the extent to which laws in OECD countries ensure equal treatment of LGBTI people, and of the complementary policies that could help foster LGBTI inclusion.

Download or read book Russia and the European Court of Human Rights written by Lauri Mälksoo and published by Cambridge University Press. This book was released on 2017-11-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has there been a human rights backlash in Russia despite the country having been part of the European human rights protection system since the late 1990s? To what extent does Russia implement judgments of the Strasbourg Court, and to what extent does it resist the implementation? This fascinating study investigates Russia's turbulent relationship with the European Court of Human Rights and examines whether the Strasbourg court has indeed had the effect of increasing the protection of human rights in Russia. Researchers and scholars of law and political science with a particular interest in human rights and Russia will benefit from this in-depth exploration of the background of this subject.

Download or read book Same Sex Relationships and Beyond 3rd Edition written by Katharina Boele-Woelki and published by Intersentia. This book was released on 2017-03-31 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal status of lesbian, gay, bisexual, and transgender (LGBT) people has undergone significant changes in several countries, but remains highly complex and difficult for those affected. Although same-sex partners may have the right to marry or enter into a registered partnership in one Member State, this right may be denied when they exercise their right to freedom of movement. The same is true for certain parent-child relationships, which may be recognized as such in one Member State but not another. This book explores the challenges and controversies concerning the recognition of non-heterosexual relationships throughout the EU through the lens of EU legislation, the case law of the CJEU and ECtHR, and recent national developments. Following the Irish referendum and the recent ECtHR judgment in Oliari v. Italy, more changes are expected in the near future. The opening part of this book describes the current state of play in all EU Member States (and beyond) when formalizing a same-sex relationship, 'steady progress' being the key term in describing the developments in many countries (with the exception of six Eastern European States that object to legislation in this field). The second part concentrates on parenthood and children's rights, notably adoption, surrogacy, multiple parenting, and the range of parenting rights for same-sex couples, and transsexual and transgender people. The third section on gender identity and human rights, discusses the legal aftermath of the European Court of Human Rights' judgment in Oliari, condemning Italy for failing to protect homosexuals' right to family life. Furthermore, it explains European Union legislation against discrimination on grounds of sexual orientation, and the challenges lesbian, gay, bisexual and transgender applicants are confronted with when reaching Europe as refugees. The book ends with a lively debate on the right to change one's legal gender, and it raises the fundamental question of whether we still need gender as a legal category or whether laws concerning partnership and parenting could feasibly be de-gendered. Does gender matter in the EU? This book is written for both the academic and professional readership. (Series: European Family Law, Vol. 42) [Subject: Human Rights Law, Family Law, EU Law]

Download or read book Human Rights and Homosexuality in Southern Africa written by Chris Dunton and published by Nordic Africa Institute. This book was released on 1996 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the 1995 Zimbabwe International Bookfair the organisation of Gays and Lesbians in Zimbabwe was prevented from taking part. This opened up an unprecedented debate in southern Africa, which is conveyed in this report, together with a survey of African views on homosexuality, a global overview on homosexuality and the law, and an address list of human rights organizations and organi-zations working for gay and lesbian rights. A first-hand report and analysis of the new book fair drama in Harare 1996 is included in the new edition.

Download or read book Homosexuality in the Jurisprudence of the Supreme Court of India written by Yeshwant Naik and published by Springer. This book was released on 2017-04-07 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the Indian Supreme Court’s jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court’s landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights’ judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich.

Download or read book The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context written by Dia Anagnostou and published by BRILL. This book was released on 2010 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the effects of Strasbourg Court jurisprudence for protecting the rights of marginalised individuals and minorities. It argues that its consequences vary depending upon the diverse social, legal and institutional context that shapes litigation and judicial approaches in each country.

Download or read book The Triangular Constitution written by Tom Flynn and published by Bloomsbury Publishing. This book was released on 2019-05-16 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new account of modern European constitutionalism. It uses the Irish constitutional order to demonstrate that, right across the European Union, the national constitution can no longer be understood on its own, in isolation from the EU legal order or from the European Convention on Human Rights. The constitution is instead triangular, with these three legal orders forming the points of a triangle, and the relationship and interactions between them forming the triangle's sides. It takes as its starting point the theory of constitutional pluralism, which suggests that overlapping constitutional orders are not necessarily arranged 'on top of' each other, but that they may be arranged heterarchically or flatly, without a hierarchy of superior and subordinate constitutions. However, it departs from conventional accounts of this theory by emphasising that we must still pay close attention to jurisdictional specificity in order to understand the norms that regulate pluralist constitutions. It shows, through application of the theory to case studies, that any attempt to extract universal principles from the jurisdictionally contingent interactions between specific legal orders is fraught with difficulty. The book is an important contribution to constitutional theory in general, and constitutional pluralism in particular, and will be of great interest to scholars in the field.

Download or read book Discrimination on Grounds of Sexual Orientation and Gender Identity in Europe written by Council of Europe. Commissioner for Human Rights and published by Council of Europe. This book was released on 2011 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many people in Europe are stigmatised because of their sexual orientation or gender identity and cannot fully enjoy their universal human rights. Some of them are victims of violence, others have fled to Europe from countries where they risk being persecuted. Organisations representing lesbian, gay, bisexual and transgender (LGBT) persons have been denied registration or banned from organising peaceful meetings in some states in Europe. Too few politicians have taken a firm stand against homophobic and transphobic expressions, discrimination and violence. This report presents the results of the largest socio-legal study ever carried out on discrimination on grounds of sexual orientation and gender identity in the 47 member states of the Council of Europe. Six thematic chapters give a broad overview of the human rights situation of LGBT persons and recommendations are provided for developing and implementing effective measures to address discrimination. The report is intended as a tool for dialogue with authorities and other stakeholders. It constitutes a baseline study for further action in both legislative and policy fields to ensure that all LGBT people can effectively exercise their human rights.