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Author : David B. Cruz,Jillian T. Weiss
Publisher : Unknown
Page : 1286 pages
File Size : 45,5 Mb
Release : 2020-12-30
Category : Electronic
ISBN : 1531015875
Author : Ruth Colker
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 2024
Category : Gays
ISBN : 9798887867052
"This Nutshell presents a very timely overview of legal topics relating to sexual orientation, gender identity and the law. Topics covered include: regulation of sexuality, gender identity and expression, parenthood, marriage, United States military, nondiscrimination statutes and ordinances, freedom of expression, freedom of association, and religious freedom. Discussion includes developments at the federal, state and local level. Statutes discussed include Title VII of the Civil Rights Act of 1964; Title IX; the Fair Housing Act; the Affordable Care Act; Don't Ask, Don't Tell; Defense of Marriage Act, as well as some of the anti-LGBT rights measures that have been adopted in various states." -- Publisher.
Author : Anne Hellum
Publisher : Routledge
Page : 122 pages
File Size : 45,5 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781315518756
How human rights principles, like the right to gender identity, freedom, integrity and equality, respond to the concerns of different groups of adults and children who experience gender harm due to the binary conception of sexuality and gender identity is the overall theme of this book. The Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity are analysed in the light of the dynamic jurisprudence of different human rights treaty bodies. Whether and how the status quo of gender duality is reproduced, in spite of international law’s growing recognition of the multiplicity of sexualities and gender identities, is discussed. How transgender men, in countries that permit legal gender change, have been successfully prosecuted for gender fraud by female partners claiming to be unaware of their gender history is given attention. While human rights discourse related to LGBTI persons so far has been moulded on the experiences of adults this book gives voice to the concerns of gender-non confirming children. The jurisprudence of the Child Rights Committee, with focus on the complex social and legal issues faced by gender non-confirming children, is addressed. Through narratives, that give voice to these children’s experiences, the book demonstrates how the legal gender assigned at birth impacts on their feeling of recognition, self-confidence and self-respect in the private, social, and legal spheres. This book was previously published as a special issue of the Nordic Journal of Human Rights.
Author : KERRY. O'HALLORAN
Publisher : Routledge
Page : 356 pages
File Size : 40,8 Mb
Release : 2021-06-30
Category : Electronic
ISBN : 1032086750
This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.
Author : Elaine Wood
Publisher : Rowman & Littlefield
Page : 310 pages
File Size : 43,5 Mb
Release : 2020-11-16
Category : Law
ISBN : 9781683932406
Gender Justice and the Law presents a collection of essays that examines how gender, as a category of identity, must continually be understood in relation to how structures of inequality define and shape its meaning. It asks how notions of “justice” shape gender identity and whether the legal justice system itself privileges notions of gender or is itself gendered. Shaped by politics and policy, Gender Justice essays contribute to understanding how theoretical practices of intersectionality relate to structures of inequality and relations formed as a result of their interaction. Given its theme, the collection’s essays examine theoretical practices of intersectional identity at the nexus of “gender and justice” that might also relate to issues of sexuality, race, class, age, and ability.
Author : Isabel C. Jaramillo,Laura Carlson
Publisher : Springer Nature
Page : 552 pages
File Size : 55,6 Mb
Release : 2021-06-23
Category : Law
ISBN : 9783030684945
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.
Author : Corinne Lennox,Matthew Waites
Publisher : Institute of Commonwealth Studies
Page : 582 pages
File Size : 40,9 Mb
Release : 2013
Category : Law
ISBN : 0957354886
"Human rights in relation to sexual orientation and gender identity are at last reaching the heart of global debates. Yet 78 states worldwide continue to criminalise same-sex sexual behaviour, and due to the legal legacies of the British Empire, 42 of these - more than half - are in the Commonwealth of Nations. In recent years many states have seen the emergence of new sexual nationalisms, leading to increased enforcement of colonial sodomy laws against men, new criminalisations of sex between women and discrimination against transgender people. [This book] challenges these developments as the first book to focus on experiences of lesbian, gay, bisexual, transgender and intersex (LGBTI) and all non-heterosexual people in the Commonwealth. The volume offers the most internationally extensive analysis to date of the global struggle for decriminalisation of same-sex sexual behaviour and relationships."--Abstract, website.
Author : Chris Ashford,Alexander Maine
Publisher : Edward Elgar Publishing
Page : 552 pages
File Size : 51,6 Mb
Release : 2020-03-28
Category : Law
ISBN : 9781788111157
This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.
Author : Alex Sharpe
Publisher : Routledge
Page : 204 pages
File Size : 48,7 Mb
Release : 2018-02-02
Category : Law
ISBN : 9781351384131
This book is a legal and political intervention into a contemporary debate concerning the appropriateness of sexual offence prosecutions brought against young gender non-conforming people for so-called ‘gender identity fraud'. It comes down squarely against prosecution. To that end, it offers a series of principled objections based both on liberal principles, and arguments derived from queer and feminist theories. Thus prosecution will be challenged as criminal law overreach and as a spectacular example of legal inconsistency, but also as indicative of a failure to grasp the complexity of sexual desire and its disavowal. In particular, the book will think through the concepts of consent, harm and deception and their legal application to these specific forms of intimacy. In doing so, it will reveal how cisnormativity frames the legal interpretation of each and how this serves to preclude more marginal perspectives. Beyond law, the book takes up the ethical challenge of the non-disclosure of gender history. Rather than dwelling on this omission, it argues that we ought to focus on a cisgender demand to know as the proper object of ethical inquiry. Finally, and as an act of legal and ethical re-imagination, the book offers a queer counter-judgment to R v McNally, the only case involving a gender non-conforming defendant, so far, to have come before the Court of Appeal.
Author : Holning Lau
Publisher : BRILL
Page : 66 pages
File Size : 52,7 Mb
Release : 2018-09-24
Category : Law
ISBN : 9789004345492
In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination.
Author : Kerry O'Halloran
Publisher : Routledge
Page : 299 pages
File Size : 50,6 Mb
Release : 2019-10-22
Category : Law
ISBN : 9780429809729
This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.
Author : Ruth Colker
Publisher : West Academic Publishing
Page : 0 pages
File Size : 47,5 Mb
Release : 2023-10-27
Category : Gays
ISBN : 1685614000
This Nutshell presents a very timely overview of legal topics relating to sexual orientation, gender identity and the law. Topics covered include: regulation of sexuality, gender identity and expression, parenthood, marriage, United States military, nondiscrimination statutes and ordinances, freedom of expression, freedom of association, and religious freedom. Discussion includes developments at the federal, state and local level. Statutes discussed include Title VII of the Civil Rights Act of 1964; Title IX; the Fair Housing Act; the Affordable Care Act; Don't Ask, Don't Tell; Defense of Marriage Act, as well as some of the anti-LGBT rights measures that have been adopted in various states.
Author : National Academies of Sciences, Engineering, and Medicine,Division of Behavioral and Social Sciences and Education,Committee on Population,Committee on Understanding the Well-Being of Sexual and Gender Diverse Populations
Publisher : National Academies Press
Page : 437 pages
File Size : 55,7 Mb
Release : 2021-01-23
Category : Social Science
ISBN : 9780309680813
The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.
Author : William B. Rubenstein,Carlos A. Ball,Jane S. Schacter,Douglas NeJaime
Publisher : Unknown
Page : 0 pages
File Size : 40,6 Mb
Release : 2014
Category : Gay rights
ISBN : 0314290893
This casebook on the law of sexual orientation and gender identity weaves historical, sociological, and literary perspectives into the legal material. It provides comprehensive coverage of many significant recent developments, including the Supreme Court's 2013 same-sex marriage cases and the regulatory aftermath of the striking down of the Defense of Marriage Act. This edition also adds new material on the interstate recognition of same-sex couples' marriages, First Amendment claims raised by LGBT rights opponents, and family law disputes between LGBT parents. In addition, it significantly expands its coverage of gender identity issues.
Author : Maitrayee Mukhopadhyay
Publisher : Stree Distributed by Bhatkal Books International
Page : 328 pages
File Size : 45,5 Mb
Release : 1998
Category : Law
ISBN : UOM:39015042918196
This path-breaking study of women's experience of litigation under personal laws (those that cover marriage and inheritance) raises vital questions of identity and citizenship. Why is it so difficult to disentangle woman 'as subject/citizen imbued with rights from that of being daughter, sister, wife, widow and the symbol of a community'? Why is it that both Hindu and Muslim women are unsuccessful in their claims for property despite appealing to different personal laws? By shifting the focus from the text of the law to an ethnography of litigation -- the nature of disputes, the attitudes of lawyers, the experiences in court, the logic of judgements, and so on -- the analysis highlights the crucial factors that are obscured in abstract discussions of 'rights'.
