Homosexuality And The European Court Of Human Rights

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Homosexuality and the European Court of Human Rights

Paul Johnson
Homosexuality and the European Court of Human Rights Book PDF

Author : Paul Johnson
Publisher : Routledge
Page : 261 pages
File Size : 54,5 Mb
Release : 2013-09-05
Category : Law
ISBN : 9781136218965

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Homosexuality and the European Court of Human Rights by Paul Johnson Pdf

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.

Homosexuality: A European Community Issue

Andrew Clapham,Kees Waaldijk
Homosexuality A European Community Issue Book PDF

Author : Andrew Clapham,Kees Waaldijk
Publisher : BRILL
Page : 444 pages
File Size : 54,6 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004481879

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Homosexuality: A European Community Issue by Andrew Clapham,Kees Waaldijk Pdf

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.

Sexuality and Human Rights

Phillip Tahmindjis
Sexuality and Human Rights Book PDF

Author : Phillip Tahmindjis
Publisher : Routledge
Page : 268 pages
File Size : 45,8 Mb
Release : 2014-05-22
Category : Education
ISBN : 9781134732579

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Sexuality and Human Rights by Phillip Tahmindjis Pdf

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.

Going to Strasbourg

Paul Johnson
Going to Strasbourg Book PDF

Author : Paul Johnson
Publisher : Oxford University Press
Page : 270 pages
File Size : 54,9 Mb
Release : 2016-09-23
Category : Law
ISBN : 9780191083273

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Going to Strasbourg by Paul Johnson Pdf

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.

Sexuality and Transsexuality Under the European Convention on Human Rights

Damian A Gonzalez Salzberg
Sexuality and Transsexuality Under the European Convention on Human Rights Book PDF

Author : Damian A Gonzalez Salzberg
Publisher : Bloomsbury Publishing
Page : 248 pages
File Size : 44,5 Mb
Release : 2019-02-07
Category : Political Science
ISBN : 9781509914920

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Sexuality and Transsexuality Under the European Convention on Human Rights by Damian A Gonzalez Salzberg Pdf

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.

Sexual Orientation and Human Rights

Robert Wintemute
Sexual Orientation and Human Rights Book PDF

Author : Robert Wintemute
Publisher : Oxford University Press, USA
Page : 336 pages
File Size : 43,6 Mb
Release : 1995
Category : Gay rights
ISBN : STANFORD:36105018286612

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Sexual Orientation and Human Rights by Robert Wintemute Pdf

2. Articles 1O and 11

Discrimination on grounds of sexual orientation and gender identity in Europe - 2nd edition

Council of Europe
Discrimination on grounds of sexual orientation and gender identity in Europe 2nd edition Book PDF

Author : Council of Europe
Publisher : Council of Europe
Page : 132 pages
File Size : 43,5 Mb
Release : 2013-04-01
Category : Political Science
ISBN : 9789287177735

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Discrimination on grounds of sexual orientation and gender identity in Europe - 2nd edition by Council of Europe Pdf

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.

Courting Gender Justice

Lisa McIntosh Sundstrom,Valerie Sperling,Melike Sayoglu
Courting Gender Justice Book PDF

Author : Lisa McIntosh Sundstrom,Valerie Sperling,Melike Sayoglu
Publisher : Oxford University Press
Page : 352 pages
File Size : 48,6 Mb
Release : 2019-02-01
Category : Law
ISBN : 9780190932848

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Courting Gender Justice by Lisa McIntosh Sundstrom,Valerie Sperling,Melike Sayoglu Pdf

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.

Constitutional Courts, Gay Rights and Sexual Orientation Equality

Angioletta Sperti
Constitutional Courts Gay Rights and Sexual Orientation Equality Book PDF

Author : Angioletta Sperti
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 49,6 Mb
Release : 2017-05-04
Category : Law
ISBN : 9781782256434

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Constitutional Courts, Gay Rights and Sexual Orientation Equality by Angioletta Sperti Pdf

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.

Discrimination on Grounds of Sexual Orientation and Gender Identity in Europe

Council of Europe. Commissioner for Human Rights
Discrimination on Grounds of Sexual Orientation and Gender Identity in Europe Book PDF

Author : Council of Europe. Commissioner for Human Rights
Publisher : Council of Europe
Page : 142 pages
File Size : 51,9 Mb
Release : 2011
Category : Gay rights
ISBN : UCSD:31822035902600

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Discrimination on Grounds of Sexual Orientation and Gender Identity in Europe by Council of Europe. Commissioner for Human Rights Pdf

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.

The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context

Dia Anagnostou,Evangelia Psychogiopoulou
The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context Book PDF

Author : Dia Anagnostou,Evangelia Psychogiopoulou
Publisher : BRILL
Page : 269 pages
File Size : 46,5 Mb
Release : 2010
Category : Political Science
ISBN : 9789004173262

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The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context by Dia Anagnostou,Evangelia Psychogiopoulou Pdf

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.

Homosexuality in the Jurisprudence of the Supreme Court of India

Yeshwant Naik
Homosexuality in the Jurisprudence of the Supreme Court of India Book PDF

Author : Yeshwant Naik
Publisher : Springer
Page : 221 pages
File Size : 42,5 Mb
Release : 2017-04-07
Category : Law
ISBN : 9783319554358

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Homosexuality in the Jurisprudence of the Supreme Court of India by Yeshwant Naik Pdf

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.

Same-Sex Relationships, Law and Social Change

Frances Hamilton,Guido Noto La Diega
Same Sex Relationships Law and Social Change Book PDF

Author : Frances Hamilton,Guido Noto La Diega
Publisher : Routledge
Page : 280 pages
File Size : 50,9 Mb
Release : 2020-01-15
Category : Law
ISBN : 9780429664441

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Same-Sex Relationships, Law and Social Change by Frances Hamilton,Guido Noto La Diega Pdf

This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.

Discrimination on Grounds of Sexual Orientation and Gender Identity in Europe - 2nd Edition

Anonim
Discrimination on Grounds of Sexual Orientation and Gender Identity in Europe 2nd Edition Book PDF

Author : Anonim
Publisher : Council of Europe
Page : 140 pages
File Size : 45,7 Mb
Release : 2011
Category : Reference
ISBN : UCSD:31822040764433

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Discrimination on Grounds of Sexual Orientation and Gender Identity in Europe - 2nd Edition by Anonim Pdf

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.

Combating Discrimination on Grounds of Sexual Orientation Or Gender Identity

Council of Europe
Combating Discrimination on Grounds of Sexual Orientation Or Gender Identity Book PDF

Author : Council of Europe
Publisher : Unknown
Page : 120 pages
File Size : 46,5 Mb
Release : 2011
Category : Discrimination
ISBN : UCSD:31822035013531

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Combating Discrimination on Grounds of Sexual Orientation Or Gender Identity by Council of Europe Pdf

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 ground of sexual orientation and gender identity. They illustrate the underlying message of the Organisation, which is that the Council of Europe's standards of tolerance and non-discrimination apply to all European societies, and discrimination on grounds of sexual orientation or gender identity is not compatible with these standards. This publication provides an accessible and comprehensive compilation of the standards adopted by the Council of Europe. It should serve as a reference for the governments, international institutions, NGOs, media professionals and to all those who are - or should be - professionally or otherwise involved or interested in protecting and promoting the human rights of lesbian, gay, bisexual and transgender persons.