Articulating Lesbian Human Rights: the Creation of a Convention on the Elimination of All Forms of Discrimination Against Lesbians
ESSAY ARTICULATING LESBIAN HUMAN RIGHTS: THE CREATION OF A CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST LESBIANS Nadine Gartner, "As lesbians, we are both outside the law and within it. And yet, we are always under it. Sometimes under it in the sense of being beneath notice, not deserving of legal recognition. And at other times, under it in the sense of being under a system2 that dominates, being under its power." - Ruthann Robson "Lesbians have a radical social vision - we are the bearers of a truly new world order, not the stench of the same old world 3 odor." - Urvashi Vaid I. INTRODUCTION Lesbians 4 around the world suffer from a variety of human rights violations based upon their sexual orientation. FannyAnn 1. A.B., 2001, Bryn Mawr College; J.D. candidate, University of Michigan Law School, 2006. I thank Christine Chinkin and Catharine MacKinnon for teaching the course that inspired this project. Special thanks to Jay Surdukowski for reviewing an early draft. 2. RUTHANN ROBSON, LESBIAN (OuT)LAw 11 (1992). 3. Urvashi Vaid, Let's Put Our Own House in Order, in LESBIANS, GAY MEN, AND THE LAW, 566, 568 (William B. Rubenstein ed., 1993). 4. I use the term "lesbian" to connote women-identified individuals who en- gage in romantic and/or sexual relationships with other women-identified persons for any duration at any time of their lives. This is meant to be the broadest and most-inclusive definition so that women who identify as lesbian, bisexual, trans- gender or transsexual, heterosexual, or asexual may be considered, so long as they identify themselves as women and have been, are currently, or desire to be romanti- cally and/or sexually engaged with other women.
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