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 Transsexualism Medicine and Law written by Council of Europe and published by Council of Europe. This book was released on 1995-01-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bundel met de teksten van de tijdens het congres gehouden toespraken en gepresenteerde papers. Bevat tevens een overzicht van de wetgeving m.b.t. transseksualiteit in Oostenrijk, Duitsland, Italië, Nederland, Zweden en Turkije.
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 248 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 2016-09-22 with total page 384 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 Personal Identity and the European Court of Human Rights written by Jill Marshall and published by Taylor & Francis. This book was released on 2022-05-25 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new and burgeoning field in legal and human rights thought, this edited collection explores, by reference to applied philosophy and case law, how the European Court of Human Rights (ECtHR) has developed and presented a right to personal identity, largely through interpretation of Article 8 of the European Convention on Human Rights. Divided into three parts, the collection interrogates: firstly, the construction of personal identity rights at the ECtHR; secondly, whose identity rights are protected; and thirdly, the limits of identity rights. The collection is the first in the Routledge Studies in Law and Humanity series. Contributions from nine leading and emerging legal scholars from the UK, Ireland and continental Europe explore how the right has developed, rights to identity and marriage, LGBTI+, persons with disabilities, religious and cultural issues and critical perspectives on the social construction and framing of the right. The collection is primarily aimed at scholars and advanced students, particularly of human rights law and its theory, Jurisprudence and Philosophy of Law, and those interested in ECtHR jurisprudence, and those interested in the connection between theories of inclusion, belonging and rights, including human rights lawyers.
Download or read book Transsexualism in Europe written by Commission internationale de l'état civil and published by Council of Europe. This book was released on 2000 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a consolidated report on transsexualism, national legislation and international legal instruments concerning transsexuals as well as judgements of the European Court of Human Rights on the matter. The report concludes that most European States recognise the genuine transsexualism syndrome and allow transsexuals to have their birth certificate amended. However, the situation is different in the United Kingdom, where transsexualism is not recognised either by the law or by case-law. This document is in several languages and is a result of co-operation between the Council of Europe and the International Commission on Civil Status.
Download or read book International Human Rights of Women written by Niamh Reilly and published by Springer. This book was released on 2019-11-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive introduction to the broad spectrum of human rights issues and violations as they are experienced by women and sexual minorities across civil, political, social, economic, and/or cultural domains, in different regions, countries, and contexts. It offers cogent summaries of concepts, debates, and trends vital to understanding the field and informing practice to advance the human rights of women. The book looks into such issues as: persistent discrimination in political and economic life; gender-based violence in public and private spheres; obstacles to reproductive and maternal human rights; threats to women human rights defenders; discrimination and violence against LGBT people; violations of women's human rights in conflict situations; and the nexus between sustainable development goals, climate change, and the human rights of women. It also addresses human rights violations in the name of culture or religion, and the challenges in realising the human rights of girls. Finally, the volume showcases effective strategies to advance the human rights of women in the form of national remedial measures and through engagement with international and regional human rights bodies and mechanisms.
Download or read book Respect and Equality written by Stephen Whittle and published by Routledge. This book was released on 2012-08-21 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this fascinating work, theoretical discussions of sex, sexuality, gender and law, and an extensive range of primary and secondary research materials, are combined to provide an insightful analysis into the inadequacies of current law.
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 Building Consensus on European Consensus written by Panos Kapotas and published by Cambridge University Press. This book was released on 2019-01-17 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.
Download or read book Sexual Health Human Rights and the Law written by World Health Organization and published by . This book was released on 2015-06-17 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report demonstrates the relationship between sexual health, human rights and the law. Drawing from a review of public health evidence and extensive research into human rights law at international, regional and national levels, the report shows how states in different parts of the world can and do support sexual health through legal and other mechanisms that are consistent with human rights standards and their own human rights obligations.
Download or read book European Sexual Citizenship written by Francesca Romana Ammaturo and published by Springer. This book was released on 2016-11-09 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an innovative and critical contribution to the study of the human rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people in the context of Europe. Combining legal and Foucauldian approaches, it investigates the ways in which current discourses about LGBTIQ rights in Europe are tightly bound to contemporary debates about national and trans-national citizenship. The author defines and analyzes the concept of 'multisexual citizenship' to illustrate new, flexible forms of sexual and gendered citizenship that could radically transform practices of citizenship and the current human rights framework in Europe. She does this by combining critical deconstructions of the case law of the European Court of Human Rights with ethnographic observations and sociological analysis. This interdisciplinary work will appeal to sociologists, lawyers and researchers of gender and LGBTIQ rights.
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 The Right to Gender Identity written by H. Pütsep and published by . This book was released on 2007 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thesis explores to which extent it is possible for an individual to live in accordance with his or her chosen gender identity within the framework of the European Convention on Human Rights, and within the conventional right to privacy in particular. The specific research question has been to find out whether a right to decide one?s gender identity has emerged in the European Court of Human Rights by studying the argumentation of the Court in cases concerning rights of transgendered individuals. Discourse theory has been used as an analytical tool to display the argumentation of the Court and in particular to study the development of the discussion. I have used the concept of chains of equivalence, which is a tool for visualising how expressions are linked together in a certain discursive context where they enforce each other. The empirical research material consists of the cases from the European Court of Human Rights where individuals have claimed their rights have been breached as a consequence of their transgender identity. I have then extracted passages from the judgement or dissenting opinions where the Court or separate judges speak in favour of a right to live in accordance with one?s gender identity, that is, the gender you perceive yourself as. I have then categorised the extracts thematically based on which argument that is used in support of the right to live freely as the gender one prefers. Based on the empirical findings, I conclude that the European Court has increasingly acknowledged transgendered individuals? rights to decide their gender identity. This right has emerged within the framework of the right to privacy in Article 8, but it is always articulated in combination with other rights as a support.
Download or read book Personal Freedom through Human Rights Law written by Jill Marshall and published by BRILL. This book was released on 2008-11-30 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 8 of the European Convention on Human Rights provides a right to respect for one’s private life. The European Court of Human Rights has interpreted this provision broadly to include a right to personal autonomy, identity and integrity. The book examines these concepts by interconnecting case law from the Court with the philosophical debates, including those in feminism, in four parts: (1) personal freedom and human rights law (2) privacy and personal autonomy (3) personal identity (4) bodily and moral integrity. The author notes, through her analysis of the Court’s case law, that different versions of freedom are evident in the jurisprudence, including one which may restrict human freedom rather than enhance it through human rights law. This book will be invaluable to scholars of the Court, human rights and issues of the self.
Download or read book The European Court of Human Rights written by Angelika Nussberger and published by Elements of International Law. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.
Download or read book Trans Rights and Wrongs written by Isabel C. Jaramillo and published by Springer Nature. This book was released on 2021-06-23 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book maps various national legal responses to gender mobility, including sex and name registration, access to gender modification interventions, and anti-discrimination protection (or lack thereof) and regulations. The importance of the underlying legislation and history is underlined in order to understand the law’s functions concerning discrimination, exclusion, and violence, as well as the problematic nature of introducing biology into the regulation of human relations, and using it to justify pain and suffering. The respective chapters also highlight how various governmental authorities, as well as civil society, have been integral in fostering or impeding the welfare of trans persons, from judges and legislators, to medical commissions and law students. A collective effort of scholars scattered around the globe, this book recognizes the international trend toward self-determination in sex classification and a generous guarantee of rights for individuals expressing diverse gender identities. The book advocates the dissemination of a model for the protection of rights that not only focuses on formal equality, but also addresses the administrative obstacles that trans persons face in their daily lives. In addition, it underscores the importance of courts in either advancing or obstructing the realization of individual rights.
