homosexuality and the european court of human rights

Download Book Homosexuality And The European Court Of Human Rights in PDF format. You can Read Online Homosexuality And The European Court Of Human Rights here in PDF, EPUB, Mobi or Docx formats.

Homosexuality And The European Court Of Human Rights

Author : Paul Johnson
ISBN : 9781136218965
Genre : Law
File Size : 25. 97 MB
Format : PDF, Mobi
Download : 716
Read : 1177

Get This Book


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
ISBN : 9781136218972
Genre : Law
File Size : 54. 85 MB
Format : PDF, Kindle
Download : 778
Read : 1207

Get This Book


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
ISBN : 0415632633
Genre : Law
File Size : 82. 11 MB
Format : PDF, ePub, Mobi
Download : 648
Read : 1304

Get This Book


"The first book-length study of the Court's jurisprudence in respect of sexual orientation."--Half title page.

Constitutional Courts Gay Rights And Sexual Orientation Equality

Author : Angioletta Sperti
ISBN : 9781782256441
Genre : Law
File Size : 61. 21 MB
Format : PDF, ePub, Mobi
Download : 258
Read : 958

Get This Book


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.

Going To Strasbourg

Author : Paul Johnson
ISBN : 9780198777618
Genre :
File Size : 73. 5 MB
Format : PDF, ePub, Mobi
Download : 202
Read : 672

Get This Book


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.

Homosexuality In The Jurisprudence Of The Supreme Court Of India

Author : Yeshwant Naik
ISBN : 9783319554358
Genre : Law
File Size : 22. 91 MB
Format : PDF, ePub, Mobi
Download : 660
Read : 422

Get This Book


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.

Sexual Orientation And Human Rights

Author : Robert Wintemute
ISBN : 9780198264880
Genre : Social Science
File Size : 29. 85 MB
Format : PDF, ePub
Download : 488
Read : 202

Get This Book


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
ISBN : 9781317218678
Genre : Law
File Size : 24. 42 MB
Format : PDF
Download : 523
Read : 840

Get This Book


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.

Equality And Non Discrimination Under The European Convention On Human Rights

Author : Oddný Mjöll Arnardóttir
ISBN : 9041119124
Genre : Law
File Size : 80. 99 MB
Format : PDF, Docs
Download : 704
Read : 388

Get This Book


2.3.1. A sliding scale.

The Reception Of International Law In The European Court Of Human Rights

Author : Magdalena Forowicz
ISBN : 9780199592678
Genre : Law
File Size : 21. 86 MB
Format : PDF, Mobi
Download : 847
Read : 356

Get This Book


The European Court of Human Rights increasingly refers to international law in its case law, but its interpretation of it is often problematic. This book examines whether the Court has been able to create a coherent approach to the evaluation of international law and, ultimately, whether it has been able to contribute to its development.

Top Download:

Best Books