Sexual Orientation Gender Identity And International Human Rights Law

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Sexual Orientation, Gender Identity and International Human Rights Law

Author : KERRY. O'HALLORAN
Publisher : Routledge
ISBN 13 : 9781032086750
Total Pages : 356 pages
Book Rating : 4.0/5 (867 download)

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Book Synopsis Sexual Orientation, Gender Identity and International Human Rights Law by : KERRY. O'HALLORAN

Download or read book Sexual Orientation, Gender Identity and International Human Rights Law written by KERRY. O'HALLORAN and published by Routledge. This book was released on 2021-06-30 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Rights, Sexual Orientation, and Gender Identity

Author : Anne Hellum
Publisher : Routledge
ISBN 13 : 1315518759
Total Pages : 122 pages
Book Rating : 4.3/5 (155 download)

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Book Synopsis Human Rights, Sexual Orientation, and Gender Identity by : Anne Hellum

Download or read book Human Rights, Sexual Orientation, and Gender Identity written by Anne Hellum and published by Routledge. This book was released on 2018-04-19 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Rights, Sexual Orientation and Gender Identity in the Commonwealth

Author : Corinne Lennox
Publisher : Institute of Commonwealth Studies
ISBN 13 : 9780957354883
Total Pages : 582 pages
Book Rating : 4.3/5 (548 download)

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Book Synopsis Human Rights, Sexual Orientation and Gender Identity in the Commonwealth by : Corinne Lennox

Download or read book Human Rights, Sexual Orientation and Gender Identity in the Commonwealth written by Corinne Lennox and published by Institute of Commonwealth Studies. This book was released on 2013 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Sexual Orientation, Gender Identity and International Human Rights Law

Author : Kerry O'Halloran
Publisher : Routledge
ISBN 13 : 0429809727
Total Pages : 299 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Sexual Orientation, Gender Identity and International Human Rights Law by : Kerry O'Halloran

Download or read book Sexual Orientation, Gender Identity and International Human Rights Law written by Kerry O'Halloran and published by Routledge. This book was released on 2019-10-22 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Sexual Orientation: A Human Right

Author : Eric Heinze
Publisher : BRILL
ISBN 13 : 9004637753
Total Pages : 438 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Sexual Orientation: A Human Right by : Eric Heinze

Download or read book Sexual Orientation: A Human Right written by Eric Heinze and published by BRILL. This book was released on 2023-07-24 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to examine sexual orientation from the viewpoint of international human rights law. It does not simply `create' a platform of rights and argue for their `introduction' in human rights law. Rather, it examines how extant international norms should be construed to include rights against discrimination on the basis of sexual orientation, including rights of privacy, equality, speech, expression, and association. It raises questions of cultural relativism, religious faith, social science, and legal theory. It will be of interest to international jurists, human rights organizations, gay rights organizations, constitutional scholars, and anyone interested in expanding the role of international human rights law as a formidable adversary of persecution and discrimination throughout the world.

Sexual Orientation and Gender Identity Discrimination

Author : Holning Lau
Publisher : BRILL
ISBN 13 : 9004345493
Total Pages : 66 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Sexual Orientation and Gender Identity Discrimination by : Holning Lau

Download or read book Sexual Orientation and Gender Identity Discrimination written by Holning Lau and published by BRILL. This book was released on 2018-09-24 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Sexuality and Human Rights

Author : Phillip Tahmindjis
Publisher : Routledge
ISBN 13 : 1134732643
Total Pages : 266 pages
Book Rating : 4.1/5 (347 download)

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Book Synopsis Sexuality and Human Rights by : Phillip Tahmindjis

Download or read book Sexuality and Human Rights written by Phillip Tahmindjis and published by Routledge. This book was released on 2014-05-22 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intersectionality and Human Rights Law

Author : Shreya Atrey
Publisher : Bloomsbury Publishing
ISBN 13 : 1509935304
Total Pages : 259 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Intersectionality and Human Rights Law by : Shreya Atrey

Download or read book Intersectionality and Human Rights Law written by Shreya Atrey and published by Bloomsbury Publishing. This book was released on 2020-12-10 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays analyses how diversity in human identity and disadvantage affects the articulation, realisation, violation and enforcement of human rights. The question arises from the realisation that people, who are severally and severely disadvantaged because of their race, religion, gender, age, disability, sexual orientation, class etc, often find themselves at the margins of human rights; their condition seldom improved and sometimes even worsened by the rights discourse. How does one make sense of this relationship between the complexity of people's disadvantage and violation of their human rights? Does the human rights discourse, based on its universal and common values, have tools, methods or theories to capture and respond to the difference in people's lived experience of rights? Can intersectionality help in that quest? This book seeks to inaugurate this line of inquiry.

Sexual Orientation, Gender Identity and International Human Rights Law

Author :
Publisher :
ISBN 13 :
Total Pages : 137 pages
Book Rating : 4.:/5 (125 download)

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Book Synopsis Sexual Orientation, Gender Identity and International Human Rights Law by :

Download or read book Sexual Orientation, Gender Identity and International Human Rights Law written by and published by . This book was released on 2009 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide offers a comprehensive review of the fundamental principles underlying legal advocacy on issues of sexual orientation and gender identity. Drawing on the Yogyakarta Principles, this guide offers a detailed analysis of the legal foundations for the protection of people who are victimized on the basis of their sexual orientation or gender identity. It includes chapters on non-discrimination, equality, and privacy. It also examines the scope and nature of the prohibitions against some of the most frequent violations, such as torture, deprivation of liberty, and violations of freedom of expression and association. The guide discusses both international standards and national jurisprudence.

Ask No Questions

Author : Anne-Marie Mooney Cotter
Publisher : Routledge
ISBN 13 : 1317178114
Total Pages : 382 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Ask No Questions by : Anne-Marie Mooney Cotter

Download or read book Ask No Questions written by Anne-Marie Mooney Cotter and published by Routledge. This book was released on 2016-04-15 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ask No Questions provides readers with a better understanding of Sexual Orientation Discrimination as an increasingly important area of law around the world. It aims to increase the likelihood of achieving equality at national and international levels through a focus on the impact of primary role legislation on the court process, and a discussion on the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination. Anne-Marie Mooney-Cotter's sixth book in her series of volumes on discrimination law follows the approach and structure of her previous Ashgate volumes. Through a focus on the comparisons and contradictions of this type of law, and its detailed examination of the relationship between sexual orientation issues and the law, the book will be of importance to those concerned with equality.

Transnational Advocacy Networks and Human Rights Law

Author : Giulia Dondoli
Publisher : Routledge
ISBN 13 : 0429760353
Total Pages : 200 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Transnational Advocacy Networks and Human Rights Law by : Giulia Dondoli

Download or read book Transnational Advocacy Networks and Human Rights Law written by Giulia Dondoli and published by Routledge. This book was released on 2019-02-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks the fundamental question of how new human rights issues emerge in the human rights debate. To answer this, the book focuses on nongovernmental organizations (NGOs) and on the case study of LGBTI (lesbian, gay, bisexual, transgender and intersex) rights. The work argues that the way in which NGOs decide their advocacy, conceptualise human rights violations and strategically present legal analysis to advance LGBTI human rights shapes the human rights debate. To demonstrate this, the book analyses three data sets: NGO written statements submitted to the United Nations Human Rights Council, NGO oral statements delivered during the Universal Periodic Review and 36 semi-structured interviews with NGO staff. Data are analysed with a combination of quantitative and qualitative approaches to discover what issues are most important for LGBTI networks (issue emergence) and how these issues are framed (issue framing). Along with NGO efficiency in lobbying for the emergence of new human rights standards, the book inevitably discusses important questions related to NGOs’ accountability and democratic legitimacy. The book thus asks whether the right to marry is important for LGBTI advocates working transnationally, because this right is particularly controversial among activists and LGBTI communities, especially in non-Western contexts.

Over the Rainbow? The Road to LGBTI Inclusion

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264523189
Total Pages : 240 pages
Book Rating : 4.2/5 (645 download)

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Book Synopsis Over the Rainbow? The Road to LGBTI Inclusion by : OECD

Download or read book Over the Rainbow? The Road to LGBTI Inclusion written by OECD and published by OECD Publishing. This book was released on 2020-06-24 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discrimination against LGBTI people remains pervasive, while its cost is massive. This report provides a comprehensive overview of the extent to which laws in OECD countries ensure equal treatment of LGBTI people, and of the complementary policies that could help foster LGBTI inclusion.

Rescuing Human Rights

Author : Hurst Hannum
Publisher : Cambridge University Press
ISBN 13 : 1108417485
Total Pages : 245 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Rescuing Human Rights by : Hurst Hannum

Download or read book Rescuing Human Rights written by Hurst Hannum and published by Cambridge University Press. This book was released on 2019-02-14 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on understanding human rights as they really are and their proper role in international affairs.

Sexual Orientation and Gender Identity in Human Rights Law

Author : Internationale Juristen-Kommission
Publisher :
ISBN 13 : 9789290379157
Total Pages : 0 pages
Book Rating : 4.3/5 (791 download)

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Book Synopsis Sexual Orientation and Gender Identity in Human Rights Law by : Internationale Juristen-Kommission

Download or read book Sexual Orientation and Gender Identity in Human Rights Law written by Internationale Juristen-Kommission and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Gender, Sexuality, and the Law

Author : Debra L. DeLaet
Publisher : Routledge
ISBN 13 : 0429565879
Total Pages : 269 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Gender, Sexuality, and the Law by : Debra L. DeLaet

Download or read book Gender, Sexuality, and the Law written by Debra L. DeLaet and published by Routledge. This book was released on 2020-06-29 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the role of law as a tool for advancing women’s rights and gender equity in local, national, and global contexts. Many feminist scholars note a marked failure of law to achieve goals connected to women’s rights and gender equality. Despite its limitations, law provides aspirational norms that can be mobilized to hold institutions accountable and to provide material benefit to those excluded from systems of power. In conversation with each other, the chapters in this volume help to advance understanding of both the limitations and the potential of law as a tool for advancing democratic participation, rights, and justice around issues related to gender and sexuality. Contributors acknowledge, to varying degrees, that law has important symbolism and may be used as a lever to mobilize change. At the same time, some offer cautionary notes about the potential downside risks and unintended consequences of relying upon law in pursuit of women’s rights and gender equity. Collectively, the chapters in this volume explore the disjuncture between the promise and expectation of legal reform and the lived experience of those laws by people intended as the beneficiaries of legal change. This book was originally published as a special issue of Global Discourse.

Sex, Gender and International Human Rights Law

Author : Giovanna Gilleri
Publisher : Taylor & Francis
ISBN 13 : 1003806635
Total Pages : 275 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Sex, Gender and International Human Rights Law by : Giovanna Gilleri

Download or read book Sex, Gender and International Human Rights Law written by Giovanna Gilleri and published by Taylor & Francis. This book was released on 2023-12-01 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the relationship between sex and gender under international human rights law, and how this influences the formation of individual subjects. Combining feminist, queer, and psychoanalytical perspectives, the author scrutinises the sexed/gendered human rights discourse, starting from the assumptions underpinning interpretations of sex, gender, and the related notions of gender identity, sex characteristics, and sexual orientation. Human rights law has so far offered only a limited account of the diversity of sexed/ gendered subjectivities, being based on a series of simplistic assumptions. Namely, that there are only two sexes and two genders; sex is a natural fact and gender is a social construct; gender is the metonymic signifier for women; and gender power relations take the asymmetrical shape of male domination versus female oppression. Against these assumptions, dominative and subordinate postures interchangeably attach to femininities and masculinities, depending on the subjects’ roles, their positionalities, and the situational meanings of their acts. The limits of an approach to gender which is based on rigid binaries are evident in two case studies, on the UN human rights treaty bodies’ vocabulary on medically unnecessary interventions upon intersex children and on the European Court of Human Rights’ narrative on sadomasochism. This examination of the impact of human rights on gendered subjectivities will be of interest to scholars, students, and researchers in international law, gender studies, queer studies, cultural studies, critical race theory, and psychoanalysis.

Rainbow Jurisdiction at the International Criminal Court

Author : Valérie V. Suhr
Publisher : Springer Nature
ISBN 13 : 9462654832
Total Pages : 405 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Rainbow Jurisdiction at the International Criminal Court by : Valérie V. Suhr

Download or read book Rainbow Jurisdiction at the International Criminal Court written by Valérie V. Suhr and published by Springer Nature. This book was released on 2021-12-13 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book comprehensively examines whether the worst human rights violations directed specifically at sexual and gender minorities are punishable under international criminal law, as codified in the Rome Statute of the International Criminal Court. Drawing on general rules of interpretation, the development of human rights for sexual and gender minorities, and the social construction of gender, this monograph reveals that the worst crimes committed against persons because of their sexual orientation or gender identity can amount to crimes against humanity, particularly the crime of persecution under Article 7(1)(h). It also shows how legislators can be held individually criminally responsible for passing laws that criminalize consensual same-sex sexuality. The book not only makes a significant and original contribution to the literature but is also highly relevant for international criminal law practitioners, since, so far, no cases regarding this topic exist. Dr. Valérie V. Suhr is currently a trainee lawyer in the district of the Koblenz Court of Appeal in Germany