Rights Through Alliances; Findings from a European Project Tackling
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MANUFACTURING MORAL PANIC: Weaponizing Children to Undermine Gender Justice and Human Rights
MANUFACTURING MORAL PANIC: Weaponizing Children to Undermine Gender Justice and Human Rights Research Team: Juliana Martínez, PhD; Ángela Duarte, MA; María Juliana Rojas, EdM and MA. Sentiido (Colombia) March 2021 The Elevate Children Funders Group is the leading global network of funders focused exclusively on the wellbeing and rights of children and youth. We focus on the most marginalized and vulnerable to abuse, neglect, exploitation, and violence. Global Philanthropy Project (GPP) is a collaboration of funders and philanthropic advisors working to expand global philanthropic support to advance the human rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people in the Global1 South and East. TABLE OF CONTENTS Glossary ...................................................................................... 4 Acronyms .................................................................................................. 4 Definitions ................................................................................................. 5 Letter from the Directors: ......................................................... 8 Executive Summary ................................................................... 10 Report Outline ..........................................................................................13 MOBILIZING A GENDER-RESTRICTIVE WORLDVIEW .... 14 The Making of the Contemporary Gender-Restrictive Movement ................................................... 18 Instrumentalizing Cultural Anxieties ......................................... -
Federalizing Legal Opportunities for LGBT Movements in the EU
LAW 2016/09 Department of Law On the ‘Entry Options’ for the ‘Right to Love’: Federalizing Legal Opportunities for LGBT Movements in the EU Uladzislau Belavusau and Dimitry Kochenov European University Institute Department of Law ON THE ‘ENTRY OPTIONS’ FOR THE ‘RIGHT TO LOVE’: FEDERALIZING LEGAL OPPORTUNITIES FOR LGBT MOVEMENTS IN THE EU Uladzislau Belavusau and Dimitry Kochenov EUI Working Paper LAW 2016/09 This text may be downloaded for personal research purposes only. Any additional reproduction for other purposes, whether in hard copy or electronically, requires the consent of the authors. If cited or quoted, reference should be made to the full name of the authors, the title, the working paper or other series, the year, and the publisher. ISSN 1725-6739 © U. Belavusau & D. Kochenov 2016 Printed in Italy European University Institute Badia Fiesolana I-50014 San Domenico di Fiesole (FI) Italy www.eui.eu cadmus.eui.eu Authors’ Contact Details Dr. Uladzislau Belavusau Department of European Studies Faculty of Humanities University of Amsterdam P.C. Hoofthuis | Spuistraat 134 1012 VB Amsterdam The Netherlands [email protected] Prof. Dimitry Kochenov Law and Public Affairs Woodrow Wilson School, Princeton University 412 Robertson Hall NL 08544 Princeton USA [email protected] Abstract This paper unfolds litigation opportunities for LGBT plaintiffs embedded in EU law. It explores both established tracks and future prospects for fostering the EU’s (at times half-hearted) goodbye to heteronormativity. The paper demonstrates how American federalism theories can pave the way for the “right to love” in the European Union, whose mobile sexual citizens are equally benefiting from the “leave” and “entry options”, requiring more heteronormative states to comply with the approaches to sexuality adopted by their more tolerant peers. -
LGBT-Rights - Sexual Orientation, Gender Identity And
FACULTY OF LAW Stockholm University LGBT-rights - sexual orientation, gender identity and the human rights Josefine Friman Thesis in International law, 30 credit points Examiner: Pål Wrange Stockholm, SprinG term 2014 Acronyms CAT – Committee against Torture CEDAW – Committee on the Elimination of Discrimination against Women CESCR – Committee on Economic, Social and Cultural Rights CRC – Committee on the Rights of the Child ECHR – European Convention on Human Rights ECtHR – European Court of Human Rights HRC – UN Human Rights Committee ICCPR – International Covenant on Civil and Political Rights ICESCR- International Covenant on Economic, Social and Cultural Rights ILGA – International Lesbian, Gay, Bisexual, Trans and Intersex Association LGBT – Lesbian, Gay, Bisexual and Transgender NGO – Non-Governmental Organization OHCHR – Office of the High Commissioner for Human Rights OSCE - The Organization for Security and Co-operation in Europe UN – United Nations UDHR – Universal Declaration of Human Rights UNHCHR – United Nations High Commissioner for Human Rights 2 Table of Contents 1 Introduction ................................................................................................... 4 1.2 Purpose and subject of inquiry ......................................................................... 5 1.3 Method ....................................................................................................................... 6 1.4 Delimitations .......................................................................................................... -
Dayagainst Homophobia and Transphobia
InternatIonal Day agaInst HomopHobIa anD transpHobIa idaho the international dya a gainst homophobia and transphobia "IDaHo" - may 17tH annual report 2012 ///////////////////// ///// /////////////// ///// ////////////////////////////////////////////////////////////// Editorial With mobilization stretching across more than 100 countries on all continents, the International Day Against Homophobia and Transphobia once again confirmed that it is a unique entry point, across many different contexts, for action! The International Day Against Homophobia and Transphobia is not a one-size-fits-all campaign. It merely creates a space in which sexual and gender diversity can be celebrated in any form. Again this year, civil society organizations, local and national authorities, corporations, regional and international institutions, and schools, among others, across the globe have raised alerts on the many human right abuses which people face because of their real or perceived sexual orientation and/or gender identity or expression. In most countries in Latin America, North America, Europe and Oceania, the Day has become an annual landmark for action. In Asia, the Day is also celebrated in a majority of countries. This year, the Day set the stage for Burma’s first ever LGBT events. In Africa, the Caribbean and the Middle-East, where criminal laws against same-sex relationships are particularly harsh, the Day provided a unique opportunity for action in many countries, including in the most unlikely places such as Iran, the United Arab Emirates, Algeria and Botswana. The Day again also provided the opportunity to mobilize top political institutions against homophobia and transphobia, such as the European Union, OECD, WHO and other United Nation agencies and offices.UN Secretary General Ban Ki-moon spoke out on May 17, inviting world leaders to “tackle violence against LGBT people, decriminalize consensual same-sex relationships, ban discrimination and educate the public”. -
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WHEN STATES ‘COME OUT’: THE POLITICS OF VISIBILITY AND THE DIFFUSION OF SEXUAL MINORITY RIGHTS IN EUROPE A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Phillip Mansour Ayoub August 2013 © 2013 Phillip Mansour Ayoub WHEN STATES ‘COME OUT’: THE POLITICS OF VISIBILITY AND THE DIFFUSION OF SEXUAL MINORITY RIGHTS IN EUROPE Phillip Mansour Ayoub, Ph. D. Cornell University 2013 This dissertation explains how the politics of visibility affect relations among states and the political power of marginalized people within them. I show that the key to understanding processes of social change lies in a closer examination of the ways in which—and the degree to which—marginalized groups make governments and societies see and interact with their ideas. Specifically, I explore the politics of lesbian, gay, bisexual, and transgender (LGBT) visibility. For a group that many observers have referred to as “an invisible minority,” the newfound presence and influence of LGBT people in many different nation states offers fresh opportunities for the study of socio-political change and the diffusion of norms. Despite similar international pressures, why are the trajectories of socio-legal recognition for marginalized groups so different across states? This question is not answered by conventional explanations of diffusion and social change focusing on differences in international pressures, the fit between domestic and international norms, modernization, or low implementation costs. Instead, specific transnational and international channels and domestic interest groups can make visible political issues that were hidden, and it is that visibility that creates the political resonance of international norms in domestic politics, and can lead to their gradual internalization. -
Assessing the European Court of Human Rights' Consensus-Based
This article from Erasmus Law Review is published by Eleven international publishing and made available to anonieme bezoeker The Right to Same-Sex Marriage: Assessing the European Court of Human Rights’ Consensus-Based Analysis in Recent Judgments Concerning Equal Marriage Rights Masuma Shahid* 1 Introduction Abstract This contribution assesses the consensus-based analysis and 1.1 Historical Developments Concerning Same- reasoning of the European Court of Human Rights in recent Sex Relationships judgments concerning equal marriage rights and compares it Same-sex couples have long sought access to civil to the Court’s past jurisprudence on European consensus unions1 and marriage in several countries within and and the margin of appreciation awarded to Member States outside of Europe.2 Many of these challenges were with regarding the issue of equal marriage rights. The contribu- a view to have the (heteronormative) legislation changed tion aims to analyse whether there is a parallel to be seen in favour of same-sex couples. Denmark was the first between the rapid global trend of legalisation of same-sex country in the world in 1989 to offer the possibility of marriage and the development or evolution of the case law civil unions to same-sex couples.3 The Netherlands of the ECtHR on the same topic. Furthermore, it demon- made history in 2001 when it was the first country in the strates that the Court’s consensus-based analysis is prob- world to legalise same-sex marriage.4 Other countries lematic for several reasons and provides possible alternative such as Belgium,5 Spain,6 Canada7 and South Africa8 184 approaches to the balancing of the Court between, on the followed suit. -
Mapping of Studies on the Difficulties for LGBTI People in Cross-Border Situations in the EU
Mapping of studies on the difficulties for LGBTI people in cross-border situations in the EU Written by Dr. Neža Kogovšek Šalamon November 2019 Justice and Consumers Mapping of studies on the difficulties for LGBTI people in cross-border situations in the EU EUROPEAN COMMISSION Directorate-General for Justice and Consumers Directorate D — Equality and Union citizenship Unit D.1 Non-discrimination and Roma coordination European Commission B-1049 Brussels EUROPEAN COMMISSION Mapping of studies on the difficulties for LGBTI people in cross-border situations in the EU Directorate-General for Justice and Consumers Mapping of studies on the difficulties for LGBTI people in cross-border situations in the EU Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). This report has been prepared for the European Commission however it reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein. More information on the European Union is available on the Internet (http://europa.eu). Luxembourg: Publications Office of the European Union, 2019 Print ISBN 978-92-76-14310-9 doi:10.2838/600144 DS-04-19-781-EN-C PDF ISBN 978-92-76-14309-3 doi:10.2838/64276 DS-04-19-781-EN-N © European Union, 2019 Reproduction is authorised provided the source is acknowledged. -
International Courts As Agents of Legal Change: Evidence from LGBT Rights in Europe Laurence R+ Helfer and Erik Voeten
International Courts as Agents of Legal Change: Evidence from LGBT Rights in Europe Laurence R+ Helfer and Erik Voeten Abstract Do international court judgments influence the behavior of actors other than the parties to a dispute? Are international courts agents of policy change or do their judgments merely reflect evolving social and political trends? We develop a theory that specifies the conditions under which international courts can use their interpretive discretion to have system-wide effects+ We examine the theory in the context of European Court of Human Rights ~ECtHR! rulings on lesbian, gay, bisex- ual, and transgender ~LGBT! issues by creating a new data set that matches these rulings with laws in all Council of Europe ~CoE! member states+ We also collect data on LGBT policies unaffected by ECtHR judgments to control for the confound- ing effect of evolving trends in national policies+ We find that ECtHR judgments against one country substantially increase the probability of national-level policy change across Europe+ The marginal effects of the judgments are especially high where public acceptance of sexual minorities is low, but where national courts can rely on ECtHR precedents to invalidate domestic laws or where the government in power is not ideologically opposed to LGBT equality+ We conclude by exploring the implications of our findings for other international courts+ Do international court judgments influence the behavior of all states subject to the court’s jurisdiction, a phenomenon that legal scholars refer to as the erga -
“Overcoming Religious & Cultural Barriers to LGBT Equality”
“Overcoming Religious & Cultural Barriers to LGBT Equality” 13th ILGA-Europe’s Annual Conference (31st ILGA’s European Annual Conference) 29 October – 1 November 2008 Malta ILGA-Europe’s family posters will be displayed at bus stops around Malta during our conference to raise awareness on various family models Contents Thanks and acknowledgements …………………………………….. page 2 Conference work programme: • conference programme overview ……………………….page 3 • conference workshops…………………………………. page 4 • workshops descriptions ……………………………. …. page 6 • conference plenary panels ………………………………page 16 About the conference all you need to know about the conference: purpose, structure, procedures, elections of executive board……… page 17 Background documents ……………………………………………… page 23 Practical and useful information ……………… …………………… page 24 Evening social programme: ……………………………..…………… page 26 Thanks and acknowledgements ILGA-Europe membership, executive board and staff all undertake a tremendous workload in both voluntary and paid capacities. Without this work ILGA-Europe would not be in the position it is in today. Thanks to everyone for their enormous contributions. Particular thanks go to Malta Gay Rights Movement, all of its staff and volunteers, for their enormous efforts in organising this year’s conference. We also thank: • Malta Tourism Authority; • Dr Noel Buttigies Scicluna; • EU Commission Representation in Malta; • Visa Section, Ministry of Foreign Affairs of Malta; • Ben Baks and the Dutch Ministry of Education, Culture & Science and the Ministry of Foreign Affairs. ILGA-Europe is grateful to its funders: • The European Commission for continued core funding and for the support of the Progress, EC’s Programme for Employment and Social Solidarity (2007-2013); • The Sigrid Rausing Trust for its continued core funding of our work; • The Tides Foundation for its funding of our work. -
Same-Sex Families and Legal Recognition in Europe Marie Digoix
Same-Sex Families and Legal Recognition in Europe Marie Digoix To cite this version: Marie Digoix. Same-Sex Families and Legal Recognition in Europe. 24, Springer International Pub- lishing, pp.178, 2020, European Studies of Population, 978-3-030-37054-1. hal-02512475 HAL Id: hal-02512475 https://hal.archives-ouvertes.fr/hal-02512475 Submitted on 19 Mar 2020 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Distributed under a Creative Commons Attribution| 4.0 International License European Studies of Population 24 Marie Digoix Editor Same-Sex Families and Legal Recognition in Europe European Studies of Population Volume 24 Series Editors Elwood D. Carlson, Ctr Demography & Population Health, Florida State University, Tallahassee, USA Stuart Gietel-Basten, Division of Social Science, Hong Kong University of Science and Technology, Kowloon, Hong Kong The book series “European Studies of Population” (ESPO) aims at disseminating population research with special relevance for Europe. The series is multidisciplinary in character and includes both formal demographic analyses, as well as studies of the social, economic and other determinants and impacts of population trends. International comparison is of prime interest to ESPO, and both contemporary and historical perspectives may be applied. -
LGBT Politics in a Europeanized Germany: Unification As a Catalyst for Change Louise K. Davidson-Schmich University of Miami
LGBT Politics in a Europeanized Germany: Unification as a Catalyst for Change Louise K. Davidson‐Schmich University of Miami Paper Presented at the 2017 European Union Studies Association Conference Miami, FL May 5, 2017 Abstract: The two and a half decades since unification have brought about significant paradigm changes in German social policies toward lesbian, gay, bisexual, and transgender (LGBT) citizens including, inter alia, the legalization of same‐sex partnerships, an expansion of the rights granted to these same sex couples, and reforms allowing individuals to change their legal gender without divorcing or undergoing irrevocable surgeries. This article investigates developments that led the government of the Federal Republic, long dominated by socially‐conservative Christian Democrats, to extend greater rights to sexual minorities in the years following unification. The explanation lies in LGBT activists’ use of what van der Vleuten (2005) refers to as “pincer” tactics, working not only at the national but also at the European level to pressure reluctant domestic actors. Unification proved a critical juncture on both fronts, leading to the creation of a politically‐ influential, pan‐German LGBT organization at the domestic level and to institutional changes conducive to LGBT activism at the European Union level. In the language of the introduction to this volume, unification had an indirect effect on LBGTI rights, leading to a gradual increase in rights for sexual minorities, driven by a combination of activism from the “outside in” and the “inside out.” This article “brings in” the study of gender and sexuality to the literature on post‐ communist transformations. Note: A version of this paper is scheduled to appear in a forthcoming special issue of German Politics, commemorating the 25th anniversary of German unification. -
Same-Sex Families and Legal Recognition in Europe European Studies of Population
European Studies of Population 24 Marie Digoix Editor Same-Sex Families and Legal Recognition in Europe European Studies of Population Volume 24 Series Editors Elwood D. Carlson, Ctr Demography & Population Health, Florida State University, Tallahassee, USA Stuart Gietel-Basten, Division of Social Science, Hong Kong University of Science and Technology, Kowloon, Hong Kong The book series “European Studies of Population” (ESPO) aims at disseminating population research with special relevance for Europe. The series is multidisciplinary in character and includes both formal demographic analyses, as well as studies of the social, economic and other determinants and impacts of population trends. International comparison is of prime interest to ESPO, and both contemporary and historical perspectives may be applied. ESPO is open to methodological work and theoretical studies, as well as to studies that focus on the social and policy implications of demographic trends. The series includes monographs and edited volumes. ESPO is published under the auspices of the European Association for Population Studies (EAPS). More information about this series at http://www.springer.com/series/5940 Marie Digoix Editor Same-Sex Families and Legal Recognition in Europe Editor Marie Digoix French Institute for Demographic Studies (INED) Paris, France ISSN 1381-3579 European Studies of Population ISBN 978-3-030-37053-4 ISBN 978-3-030-37054-1 (eBook) https://doi.org/10.1007/978-3-030-37054-1 © The Editor(s) (if applicable) and The Author(s) 2020. This book is an open access publication. Open Access This book is licensed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence and indicate if changes were made.