Download or read book Legal Gender Recognition in Europe written by R. Köhler and published by . This book was released on 2016 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European legal gender recognition landscape has changed dramatically since the first edition of this toolkit. Since 2013, eight more states now have procedures in place enabling a person to adapt their official records and documents, with four out of the 41 states which have such provisions basing their procedures on self-determination. In 2015, the Parliamentary Assembly of the Council of Europe welcomed the emergence of a right to gender identity, which gives every individual the right to recognition of their gender identity. We have witnessed a paradigm shift from medicalised procedures to a generation of laws with human rights as major yardstick. Gender recognition procedures are important non-discrimination measures, giving legal and social recognition to a trans person?s gender identity. Europe now has a first generation of laws ? informed by trans community organisations ? that are build on individual self-determination and are thus breaking with a tradition of gatekeeping and patronising. Malta, Ireland, Denmark and Norway set the path when they listened to trans people and established quick, transparent and accessible procedures based on self-determination. The first part of this toolit discusses the basic aspects of gender recognition legislation as flowing from international and European human rights obligations, including updates from recent developments in legislation and jurisprudence. The new section on implementation discusses further aspects flowing out of accessible legal gender recognition. The completely reworked and updated section on jurisprudence presents European and a selection of national level case law. In addition to the Argentinian framework, the Maltese gender recognition legislation is discussed in detail as good practice. The refined Checklist on Legal Gender Recognition continues to be a hands-on tool assisting in assessing any legislation or draft legislation with basic human rights requirements. The section on myth busters has been extended and reworked. Finally, the full texts of the Maltese and Norwegian Gender Recognition laws are available in English in the Annex.

Download or read book Legal Gender Recognition in the EU written by and published by . This book was released on 2020 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Discrimination on grounds of sexual orientation and gender identity in Europe 2nd edition written by Council of Europe and published by Council of Europe. This book was released on 2013-04-01 with total page 190 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.

Download or read book Legal Gender Recognition in Europe Toolkit written by Richard Köhler and published by . This book was released on 2013 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book EU Non Discrimination Law in the Courts written by Jule Mulder and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard. The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the CJEU. The book provides valuable insights into the national and European context which shape the dialogue and influences of the courts inter se, the national application of EU law, and the harmonisation process within the area of gender equality law and beyond. A Dutch and German comparison is of special interest here because both countries' approaches towards non-discrimination law are quite different despite the similarities in the respective legal systems; they are founding members of the EU, they are neighbours, they are civil law countries, and their legal systems are relatively similar at least compared to Scandinavian and common law jurisdictions. Therefore, the different reception EU non-discrimination law cannot simply be explained by obvious differences between the legal systems. Their comparison thus provides an interesting case study to uncover legal and non legal, cultural and historic, factors which influence the application of EU non-discrimination law in both countries. The book is of interest for EU, comparative and equality lawyers.

Download or read book Gender and Queer Perspectives on Brexit written by Moira Dustin and published by Springer. This book was released on 2019-01-04 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines the opportunities and challenges, rights and wrongs, and prospects and risks of Brexit from the perspectives of gender and sexuality. While much has been written about Brexit from legal, political, social and economic perspectives, there has been little analysis of the effects of Brexit on women and gender/sexual minorities who have historically been marginalised and whose voices have been less audible in political debates – both nationally and at the European level. The collection explores how Brexit might change the equality, human rights and social justice landscape, but from the viewpoint of women and gender/sexual minorities. The contributions gathered in it demonstrate the variety of ways that Brexit will make a difference to the lives of women and individuals marginalised because of gender or sexual identity.

Download or read book Protection Against Discrimination on Grounds of Sexual Orientation Gender Identity and Sex Characteristics in the EU written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Thematic Report on Legal Gender Recognition in Europe written by Europarat Steering Committee on Anti-Discrimination, Diversity and Inclusion and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Legal Status of Transsexual and Transgender Persons written by Jens M. Scherpe and published by . This book was released on 2014 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need to allow a change of legal sex/gender in certain cases is no longer disputed in most jurisdictions, and for European countries there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application no. 28957/95). The question has therefore shifted to what the requirements for such a change of the legal sex/gender should be. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality and marital status, as well as the medical and psychological requirements. The latter in some jurisdictions still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity. The book also examines questions that are thus far under-researched, namely what the full legal consequences of a change of legal sex/gender should be, for example with regard to existing legal relationships such as marriages and registered partnerships, but also concerning children and parentage. The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions but also two chapters that look at legal sex/gender changes from a Christian perspective and one chapter from a medical-psychological perspective. The final comparative chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform

Download or read book Prohibition of Discrimination Under the European Convention on Human Rights written by Frédéric Edel and published by Council of Europe. This book was released on 2010-01-01 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: On the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, On the other hand, The first article of Protocol No. 12, ratified by only some of the members. The content of the prohibition laid down by these two provisions is the same, The only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", The first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law". This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both To The main principles which guide its implementation and To The specific solutions which the Court has adopted in relation to discrimination. Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), The question of the content of such a prohibition (what precise obligations does it imply?), and last, The question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. it also constitutes a useful resource For The implementation of the European Convention on Human Rights in the signatory states.

Download or read book Combating Discrimination on Grounds of Sexual Orientation Or Gender Identity Council of Europe Standards written by Council of Europe and published by . This book was released on 2011 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Council of Europe works to uphold human rights, the rule of law and pluralist democracy. The Council of Europe's standards and mechanisms seek to promote and ensure respect for the human rights of every individual. These include equal rights and dignity of all human beings, including lesbian, gay, bisexual and transgender persons. The Council of Europe has adopted a number of international legal instruments and standards on combating discrimination on grounds of sexual orientation or gender identity. They illustrate the underlying message of the Organisation, which is that the Council of Eu.

Download or read book Sexual Orientation and Gender Identity in Human Rights Law written by International Commission of Jurists and published by . This book was released on 2007 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 213 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 Gender Identity Minorities and Workplace Legislation in Europe written by Katerina Sidiropoulou and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a fact that transgender people experience severe discrimination in various forms not only in their everyday lives but also in their working lives, especially when transitioning. It seems that Europe is slowly changing over the years as there are constant calls to tackle this complex issue by considering the inclusion of a third gender option, the abolition of any abusive practices, recommendations for legal redress in cases of violation, and a more transparent and self-determined legal recognition procedure. There are national laws which offer protection on the basis of gender identity at national and international levels. Nevertheless, there is still a lack of uniformity due to a number of unresolved matters such as uncertainty about who is covered, whether gender identity should be covered as a protected ground, what is required to gain a legal change of name and gender marker in official documents, who is responsible for authorisation and uncertainty over the stages, nature and duration of the actual procedure. Fewer distressed transgender employees and transphobic incidents are observed when there is greater social acceptability, organisational effort and national intervention. Research and collective actions by movements, political leaders, academics, medical experts and non-governmental organisations are further required to minimise societal and employment exclusions of transgender people.

Download or read book Protection Against Discrimination on Grounds of Sexual Orientation Gender Identity and Sex Characteristics in the EU written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Trans and Intersex Equality Rights in Europe written by Marjolein van den Brink and published by . This book was released on 2018 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2012, the European Commission's Network of Legal Experts in the Non-discrimination Field authored a landmark report on discrimination motivated by sex, gender identity and gender expression. The report - drawing upon expert knowledge in 30 European jurisdictions - highlighted the significant levels of inequality which, despite promising developments in individual countries, trans and intersex people confronted across the European Union (EU) and the European Free Trade Association (EFTA). In the years since 2012, the attention paid to the human rights of trans and intersex people and to discrimination on the grounds of gender identity and sex characteristics has increased significantly. Across the various Member States, and at the regional, especially the European and inter-American, level, there is growing awareness of the lived experience of trans and intersex individuals and greater understanding of the social, legal and economic challenges that they face. Yet despite this welcome increase in public knowledge and appreciation of trans and intersex lives, discrimination based on gender identity and sex characteristics remains a disproportionate reality across the EU and EFTA. In its 2014 report, 'Being trans in the EU', which explores the trans-focused data obtained during an EU-wide survey of lesbian, gay, bisexual and trans communities, the European Union Agency for Fundamental Rights (FRA) observed 'serious and repetitive victimisation [throughout] the EU'. Discrimination and violence are also disproportionately experienced by intersex people in Europe who, as observed recently by the Commissioner for Human Rights of the Council of Europe, have historically been coerced - through cultures of shame and secrecy - into positions of marginalisation and invisibility. In 2015, the European Commission published the 'List of actions to advance LGBTI equality'. Two of the Commission's priorities, as set out in its List of actions are: (a) improving rights and ensuring legal protection; and (b) monitoring and enforcement of the existing rights of lesbian, gay, bisexual, trans and intersex (LGBTI) people and their families. In 2016, the Council of Ministers asked the European Commission to report annually on the implementation of the list of actions. Against this background, the European Commission requested the European Equality Law Network to carry out an overview of trans and intersex equality frameworks across the 28 EU Member States and three additional EFTA states (Iceland, Liechtenstein and Norway). This report is the end product of that request. Proceeding through nine substantive chapters, the report analyses whether and how trans and intersex communities enjoy equality guarantees across the EU and EFTA.

Download or read book Gender Identity in International Law written by Alessandra Asteriti and published by Cambridge Scholars Publishing. This book was released on 2024-07-03 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the genealogy of the term gender identity and its entrance and development in international human rights law. Going against the prevailing narrative, the book explores the possibility of refashioning gender identity as a belief; this reframing allows the conflicting rights of women, children and LGB people to be protected and as well as the right of people to express their belief in having a gender identity incongruent with their sex.