Sexual Orientation and Human Rights


Book Description

4 Reply to Thomas: Michael E. Levin




Human Rights, Sexual Orientation and Gender Identity in the Commonwealth


Book Description

"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.




Human Rights, Sexual Orientation, and Gender Identity


Book Description

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.




Sexual Orientation and Human Rights


Book Description

2. Articles 1O and 11




Sexual Orientation and Gender Identity Discrimination


Book Description

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.




Sexual Orientation and Human Rights in American Religious Discourse


Book Description

Sexual orientation is a topic of intense debate within America's religious traditions. These discussions have had a significant impact on the formation of public policy, as speakers who locate themselves squarely within religious traditions have articulated positions on both sides in recent arguments concerning gays in the military, civil rights protections for gays and lesbians, gay marriage, parenting and foster parenting, and benefits for partners of gay and lesbian employees of major corporations and institutions. This volume, which stems from a 1995 conference at Brown University, aims to promote both academic and public understanding of the different positions that exist on sexual orientation and its public policy dimensions within four major American religious traditions. Writers from within the Jewish community, the Roman Catholic church, Mainline Protestant churches, and African-American churches explore the history and tradition of their communities on same-sex orientation, discuss the moral stance they advocate, and consider the legal and public policy implications of that stance. For each of these traditions, two opposing views are represented, and a respondent frames the issue in a larger context. The book concludes with essays by Michael McConnell and Andrew Koppelman exploring how our society might find a modus vivendi in a state position of neutrality on the moral status of homosexuality. This book will appeal to a broad range of readers interested in these crucial issues, and in the role the religious communities play in these debates, while helping to foster the climate for a more reasoned and civil dialogue.




Sexuality and Human Rights


Book Description

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.




Because We Are Human


Book Description

Offers a complete empirical account of US government programs, policies, and interventions outside the United States on behalf of the human rights of LGBTQ people. Around the world, lesbian, gay, bisexual, transgender, and queer people continue to be threatened, attacked, arrested, tortured, and sometimes executed just for being sexual or gender minorities. Since the final months of the Clinton administration, agencies and officials of the US government have been engaging in programs and projects whose stated purposes are to serve goals of justice and equity for LGBTQ people outside the United States. Because We Are Human gives readers an inside look at US sexual orientation and gender identity (SOGI) human rights assistance programs. Cynthia Burack explores settings where indigenous and transnational human rights advocates meet to fund and strategize SOGI human rights movements. This book also examines key arguments against these programs, policies, and interventions that originate on both the conservative right and the progressive academic left. Burack ultimately recommends support for a US commitment to SOGI human rights and programs that serve the needs of LGBTQ people. “Thorough and thought-provoking In Because We Are Human, Cynthia Burack’s insights help to shape a smart, comprehensive picture of US involvement in the global fight for LGBTQ rights.” — Foreword Reviews




Sexual Orientation: A Human Right


Book Description

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.




Constitutional Courts, Gay Rights and Sexual Orientation Equality


Book Description

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.