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Homosexuality And The European Court Of Human Rights

Author: Paul Johnson
Publisher: Routledge
ISBN: 1136218963
Size: 41.66 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: 53.15 MB
Format: PDF, Kindle
View: 6266
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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: 79.83 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: 33.58 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: 42.53 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.

The Case For Same Sex Marriage

Author: William N. Eskridge
Publisher:
ISBN:
Size: 16.73 MB
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A thought-provoking overview of the issue of gay marriage discusses the history of gay unions, the controversy over the issue, and the implications of gay unions for gay behavior, marriage and the family, and civil rights. 25,000 first printing.

Gay Rights

Author: Tina Kafka
Publisher: Greenhaven Publishing LLC
ISBN: 1420502565
Size: 26.86 MB
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Gay rights promote equality in all areas of life, including marriage and protection in the workplace. According to Gallup, 4.1 percent of Americans identify as LGBT, with growth highest in women, millennial, Hispanic, and Asian populations. Nearly 71,000 LGBT people currently serve in the armed forces, and 6 percent of children in foster care are being raised by LGBT people. This book provides thorough and balanced information on the topic of gay rights. Its visually appealing presentation and compelling examples provide context. Readers will be inspired to think critically about gay rights and the ways in which current legislation and debate impact their peers and community.

Discrimination On Grounds Of Sexual Orientation And Gender Identity In Europe

Author:
Publisher: Council of Europe
ISBN: 9789287169136
Size: 18.97 MB
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Many people in Europe are stigmatized because of their sexual orientation or gender identity and cannot fully enjoy their universal human rights. 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. 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 Right To Equality In European Human Rights Law

Author: Charilaos Nikolaidis
Publisher: Routledge
ISBN: 1317701380
Size: 77.55 MB
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A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.