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Homosexuality And The European Court Of Human Rights

Author: Paul Johnson
Publisher: Routledge
ISBN: 1136218963
Size: 66.98 MB
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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 And The European Court Of Human Rights

Author: Paul Johnson
Publisher: Routledge
ISBN: 1136218971
Size: 27.75 MB
Format: PDF, Docs
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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.

Constitutional Courts Gay Rights And Sexual Orientation Equality

Author: Angioletta Sperti
Publisher: Bloomsbury Publishing
ISBN: 178225644X
Size: 18.56 MB
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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.

Homosexuality In The Jurisprudence Of The Supreme Court Of India

Author: Yeshwant Naik
Publisher: Springer
ISBN: 3319554352
Size: 52.58 MB
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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.

Going To Strasbourg

Author: Paul Johnson
Publisher: Oxford University Press
ISBN: 0198777612
Size: 64.65 MB
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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.

Sexual Orientation And Human Rights

Author: Robert Wintemute
Publisher: Oxford University Press
ISBN: 0198264887
Size: 47.98 MB
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Wintemute examines three of the world's most influential human rights instruments to discover whether there are legal arguments to support the claim that the right to be free from sexual orientation discrimination is a human right.

Resolving Conflicts Between Human Rights

Author: Stijn Smet
Publisher: Routledge
ISBN: 1317218671
Size: 28.94 MB
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Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.

Cases And Materials On The European Convention On Human Rights

Author: Alastair R. Mowbray
Publisher: Oxford University Press, USA
ISBN: 9780199206742
Size: 27.71 MB
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This second edition provides students with a selection of the leading jurisprudence, together with commentary, on the major rights enshrined in the European Convention of Human Rights. It also examines the creation of the Convention, and the role of the institutions and remedies available at the European level.

The Hard Way

Author: Lee Child
Publisher: Delacorte Press
ISBN: 9780440336051
Size: 50.81 MB
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BONUS: This edition contains an excerpt from Lee Child’s Bad Luck and Trouble. In Lee Child’s astonishing new thriller, ex–military cop Reacher sees more than most people would...and because of that, he’s thrust into an explosive situation that’s about to blow up in his face. For the only way to find the truth—and save two innocent lives—is to do it the way Jack Reacher does it best: the hard way…. Jack Reacher was alone, the way he liked it, soaking up the hot, electric New York City night, watching a man cross the street to a parked Mercedes and drive it away. The car contained one million dollars in ransom money. And Edward Lane, the man who paid it, will pay even more to get his family back. Lane runs a highly illegal soldiers-for-hire operation. He will use any amount of money and any tool to find his beautiful wife and child. And then he’ll turn Jack Reacher loose with a vengeance—because Reacher is the best man hunter in the world. On the trail of a vicious kidnapper, Reacher is learning the chilling secrets of his employer’s past…and of a horrific drama in the heart of a nasty little war. He’s beginning to realize that Edward Lane is hiding something. Something dirty. Something big. But Reacher also knows this: he’s already in way too deep to stop now.