DOCSLIB.ORG

Equality and Justice Sexual Orientation and Gender Identity in the Xxi Century

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Equality and Justice Sexual Orientation and Gender Identity in the Xxi Century EDITED BY ALEXANDER SCHUSTER EQUALITY AND JUSTICE SEXUAL ORIENTATION AND GENDER IDENTITY IN THE XXI CENTURY FORUM Equality and JusticE This publication is part of the Project Equal Jus – European Network for the Legal Support of LGBT Rights, an action co-funded by the Commission of the European Union – DG Justice under the Fundamental Rights and Citizenship Programme. More on the project is available on the website www.equal-jus.eu. The sole responsibility for the contents of this publication lies with the authors and the Commission is not responsible for any use that may be made of the information contained therein. Download the free pdf version of this book from www.forumeditrice.it or www.equal-jus.eu. © Forum 2011 Editrice Universitaria Udinese srl Via Palladio, 8 – 33100 Udine Tel. 0432 26001 / Fax 0432 296756 www.forumeditrice.it ISBN 978-88-8420-702-9 EditEd by alExandEr schustEr Equality and JusticE sExual OriEntatiOn and GEndEr idEntity in thE xxi cEntury With an intrOductiOn by stEfanO rOdOtà FORUM Equality and justice : sexual orientation and gender identity in the XXI century / edited by Alexander Schuster ; with an introduction by Stefano Rodotà. – Udine : Forum, 2011. ISBN 978-88-8420-702-9 1. Omossessuali-Diritti umani-Diritto comparato I. Schuster, Alexander II. Rodotà, Stefano 342.087 (ed. 22) – GIURISDIZIONE SUI GRUPPI SOCIALI Scheda catalografica a cura della Biblioteca Umanistica e della Formazione dell’Università degli studi di Udine Table of ConTenTs Introduction Stefano Rodotà Eguaglianza e dignità delle persone LGBTI 11 I. Sex and Gender Alexander Schuster Gender and Beyond: Disaggregating Legal Categories 21 Daniel Borrillo Est-il juste de diviser le genre humain en deux sexes ? 41 II. Constitutional and Comparative Approaches Ludovico A. Mazzarolli Intervento di saluto e ringraziamento… con un accenno a qualche tematica di diritto costituzionale 55 Carmelo Danisi Rethinking the Judgement on Discrimination: A Horizontal Analysis of European Jurisprudences 59 Pietro Faraguna Constitutional Paradoxes from Inequality Equality to Equality: the Italian Case (with a Little Help from Abroad) 75 Lisa Caputo Sexual Minorities in India and Nepal: Some Recent Developments 93 Pawel Laidler Towards Equality and Justice: Challenges Faced by LGBTI Groups in Their Fight for Rights and Freedoms in the United States Supreme Court 109 6 table OF CONTENTS III. Same-Gender Couples Joëlle Long Essere genitori LGBTI 127 Marco Bracoloni The Rights of the Care of the Child As Well As Maternity, Paternity and Parental Leave in Stable LGBTI Family Units 137 Anne-Laure Nachbaum-Schneider Les droits successoraux des couples homosexuels en Europe : étude comparative 147 IV. Gender Identity Carole J. Petersen Gender Diversity and Human Rights Treaty Bodies: Is There a Role for the Committee on the Rights of Persons with Disabilities? 161 Céline Husson-Rochcongar The Protection of Transsexual’s Rights by the European Court of Human Rights: A True Breakthrough or a New Risk? 177 Bruno Mestre Transgender Discrimination As Sex Discrimination: A Contextual and Comparative Analysis of European and American Courts’ Case Law 191 Philippe Reigné Etat civil et transidentité en droit français. Etat des lieux et perspectives d’évolution 205 V. Mutual Recognition and Free Movement Andreas R. Ziegler LGBT Rights and Economic Migration: Will the Liberalization of the Movement of Persons in Economic Integration Agreements Increase the Need for Common Regional Standards Regarding Civil Status Rights? 219 table OF CONTENTS 7 Türkan Ertuna Lagrand Mutual Recognition of Same-Sex Marriages from an EU Immigration Law Perspective 241 Justine Quinn Free Movement and the European Family – Falling in Love with the Common Market 257 Laima Vaigė Legal Recognition of Same-Sex Marriages in Lithuania and the Ordre Public Exception 271 VI. The Role of the Judiciary and of the Equality Bodies Alessio Liberati Le rôle du juge en Italie 289 Julien Henninger Réflexions sur l’office du juge 297 Chrysoula Malisianou Médiation et conciliation dans les litiges en matière de discrimination 305 About the Authors 327 Acknowledgements This book represents the effort by jurists from all walks of life – legal practitioners, schol- ars, judges, legal advisers to NGOs, and equality bodies – to reflect on the challenges that sexual orientation and gender identity pose to contemporary law. It originates from the international conference Equality and Justice - LGBTI (Lesbian, Gay, Bisexual, Trans and Intersex) Rights in the XXI Century organized by the University of Udine, Department of Legal Sciences, and the association Avvocatura per i Diritti LGBT - Rete Lenford in Flor- ence on May 12 and 13, 2011. It was the closing event of the EQUAL JUS project - Euro- pean network for the legal support of LGBT rights, an action co-funded by the European Union - DG Justice under the Fundamental Rights and Citizenship Programme. The project aims to combat homophobia and transphobia by increasing the awareness among people that European citizenship adds a new dimension to the protection of fun- damental rights and to the inclusion of all individuals. It contributes to the establishment of an open network of lawyers and gives them tools for training and consultation, such as publications, newsletters and a legal database. This book is part of the resources conceived by the project partners, who decided to make it freely available to anyone interested in a free digital edition available on the project website www.equal-jus.eu. During the two days of the conference participants from all continents discussed the state of legal studies in the field of sexual orientation and gender identity. They believed that only by sharing strategies and resources can we enhance LGBTI rights. The reader will become part of our common effort. An editor as well as a project manager owes all to the people and organisations that relied on him. I wish to thank first of all the over fifty speakers who by using three working lan- guages contributed to the lively debate that enriched the papers collected in their final version here. I am indebted to the authors, who accepted to publish their valuable research in a multilingual edition. I gratefully wish to acknowledge my deep gratitude to Tim P. Shields for his help with the English language review of the texts. It is my desire also to say thank you to all institutions that supported the project throughout its 18 months and the final conference. The enthusiasm and helpfulness of the bar associations, the local authorities, the equality bodies and the NGOs accompany this book still today. Last but not least, the European Commission has provided not just the means to realize this project, but most of all the ingredients for the huge leap in the protection of LGBTI persons that we have witnessed in less than two decades. It is an honour to include the flag of Europe in the pages of this book. Alexander Schuster introduction eguaglianza e digniTà delle persone lgbTi Stefano Rodotà Abstract The author looks at the advancements in the protection of LGBT rights. He considers the recognition of family unions in European law. The text dwells on the impact of terms such as sexual orientation, sex and gender and the need to overcome dualism. However, discri- mination is still an alarming phenomenon. We certainly need to embrace equality, but must also include dignity. There is no dignity without identity, which in turn requires freedom. Homophobia and discrimination undermine one’s dignity, and exclusion makes people “non persons”. The essay then looks at the Italian legal context and considers the decision on marriage by the Constitutional Court. * * * Vorrei cominciare con un riferimento a due documenti europei: la Carta dei diritti fondamentali dell’Unione europea ed i rapporti dell’Agenzia per i diritti fondamen- tali. La Carta dei diritti fondamentali dell’Unione europea ha dedicato al tema della discriminazione verso le persone LGBTI (gay, lesbiche, gay, trans e intersessuali) un’attenzione non voglio dire particolare, ma certamente specifica. Ciò avviene non solo con la norma generale sull’antidiscriminazione, dove il riferimento all’orienta- mento sessuale è ripreso dal Trattato di Maastricht, ma soprattutto con l’articolo 9. Esso riguarda le unioni ed è uno dei più innovativi dal punto di vista nella sequenza delle dichiarazioni dei diritti che interessano l’Europa. Inoltre smentisce la tesi per cui la Carta dei diritti sarebbe soltanto un documento in qualche modo riproduttivo del già esistente nel contesto europeo. È innovativo perché rispetto alla Convenzione europea dei diritti dell’uomo il cambiamento è radicale. L’articolo 12 della Convenzione europea dei diritti dell’uo- mo afferma: «Uomini e donne in età maritale hanno diritto di sposarsi e di formare una famiglia secondo le leggi nazionali regolanti l’esercizio di tale diritto». L’articolo 9 della Carta dei diritti, invece, si discosta sostanzialmente da questa impostazione, scrivendo: «Il diritto di sposarsi e il diritto di costituire una famiglia sono garantiti secondo le leggi nazionali che ne disciplinano l’esercizio». Cade il riferimento alla diversità di sesso. Quello che era un diritto unico, il diritto di sposarsi e di formare una famiglia, viene invece, nell’articolo 9 della Carta, sostituito da due diritti distin- 12 Stefano RODOTà ti. È chiarissima l’espressione verbale: «Il diritto di sposarsi e il diritto di costituire una famiglia sono garantiti». Sono due diritti diversi, equiordinati, e non c’è una gerarchia, anche se vi è un riferimento al diritto nazionale. Il cambiamento è tuttavia radicale. Nel quadro delineato dal diritto dell’Unione europea oggi non si può so- stenere una superiorità gerarchica del matrimonio tradizionale, né si può identifica- re ciascuno di questi istituti soltanto in base alla diversità di sesso. La seconda considerazione è relativa all’articolo 21, dove si fa riferimento all’orientamento sessuale. È bene ricordare il cambiamento che è intervenuto pro- prio nella terminologia dei documenti europei.
Load more

Recommended publications
  • A Comprehensive Guide Ram Roth Elizabeth A.M. Frost Clifford Gevirtz
    The Role of Anesthesiology in Global Health A Comprehensive Guide Ram Roth Elizabeth A.M. Frost Cli ord Gevirtz Editors Carrie L.H. Atcheson Associate Editor 123 The Role of Anesthesiology in Global Health Ram Roth • Elizabeth A.M. Frost Clifford Gevirtz Editors Carrie L.H. Atcheson Associate Editor The Role of Anesthesiology in Global Health A Comprehensive Guide Editors Ram Roth Elizabeth A.M. Frost Department of Anesthesiology Department of Anesthesiology Icahn School of Medicine at Mount Sinai Icahn School of Medicine at Mount Sinai New York , NY , USA New York , NY , USA Clifford Gevirtz Department of Anesthesiology LSU Health Sciences Center New Orleans , LA , USA Associate Editor Carrie L.H. Atcheson Oregon Anesthesiology Group Department of Anesthesiology Adventist Medical Center Portland , OR , USA ISBN 978-3-319-09422-9 ISBN 978-3-319-09423-6 (eBook) DOI 10.1007/978-3-319-09423-6 Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: 2014956567 © Springer International Publishing Switzerland 2015 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifi cally for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work.
    [Show full text]
  • National Action Plan for LGBTQI2S RIGHTS in CANADA Acknowledgements This Report Was Authored By
    National Action Plan FOR LGBTQI2S RIGHTS IN CANADA Acknowledgements This report was authored by: Founded in 1986, Egale is Canada’s national LGBTQI2S human rights organization. Egale works to improve the lives of LGBTQI2S people in Canada and to enhance the global response to LGBTQI2S issues by informing public policy, inspiring cultural change, and promoting human rights and inclusion through research, education, awareness and legal advocacy. Egale’s vision is a Canada, and 2 ultimately a world without homophobia, biphobia, transphobia, and all other forms of oppression so that ever person can achieve their full potential, free from hatred and bias. National Action Plan for LGBTQI2S Rights in Canada Table of Contents Introduction 4 i. Intersectional Analysis 5 ii. Social Determinants of Health 5 Healthcare 6 Mental Health 9 Poverty Reduction 12 Housing and Homelessness 14 3 Employment Access 16 Education 18 Sports Inclusion 19 Seniors 24 Justice Reform 30 Intersex Rights 38 Asylum System Reform 40 International Assistance 42 Conclusion 45 Glossary of Terms 46 National Action Plan for LGBTQI2S Rights in Canada Introduction Following the 2019 federal election, Egale Canada experience across the board. has updated the National LGBTQI2S Action Plan in January, 2020, for the Federal Government There are persisting social inequities that to ensure actions are brought forward for the continue to exist for LGBTQI2S people in Canada, inclusion of LGBTQI2S people. This ‘LGBTQI2S indicating that current federal supports are Action Plan’ explains how we must advance the insufficient, as is the Federal Government’s rights of LGBTQI2S people both at home and inaction concerning legislative reform.
    [Show full text]
  • 29 March 2021 Claude Doucet Secretary General CRTC Ottawa, on K1A 0N2 Dear Secretary General, Re: Call for Comments – Commer
    29 March 2021 Claude Doucet Secretary General CRTC Ottawa, ON K1A 0N2 Dear Secretary General, Re: Call for comments – Commercial radio policy framework review, Broadcasting Notice of Consultation CRTC 2020-374 (Ottawa, 12 November 2020), and Broadcasting Notice of Consultation CRTC 2020-374-1 (Ottawa, 11 January 2021) The Forum for Research and Policy in Communications (FRPC) is a non-profit and non-partisan organization established in 2013 to undertake research and policy analysis about communications, including telecommunications. The Forum supports a strong Canadian communications system that serves the public interest. The Forum’s response to Phase I of the Broadcasting Notice of Consultation CRTC 2020-374 is attached. We look forward to the opportunity to review the submissions of other parties. Sincerely yours, Monica. L. Auer, M.A., LL.M. Executive Director Forum for Research and Policy in Communications (FRPC) Ottawa, Ontario No map and the compass is broken: If we do not know what Canadian radio stations are broadcasting today, how can the CRTC set a realistic regulatory path to the future? Phase I response of the Forum for Research and Policy in Communications (FRPC) Call for comments – Commercial radio policy framework review, Broadcasting Notice of Consultation CRTC 2020-374 (Ottawa, 12 November 2020), and Broadcasting Notice of Consultation CRTC 2020-374-1 (Ottawa, 11 January 2021) Forum for Research and Policy in Communications (FRPC) BnoC 2020-374 (12 November 2020) FRPC Phase I comments (29 March 2021) Contents Contents Definitions Error! Bookmark not defined. Summary 1 I. Introduction 1 A. Parliament’s broadcasting policy and the law regarding administrative decision-making 1 B.
    [Show full text]
  • Budgeting for Inclusion 1-10
    Budgeting for Inclusion Why Canada Needs to Include LGBTQI2S Communities in the Federal Budget of 2017 Alex Bucik | Avery Ptolemy | Celeste Ali-Akow | Mark-Ché Devonish Table of Contents 1.0 Introduction 4 1.1 Our Analytic Frameworks 6 1.11 Intersectional Analysis 1.12 Social Determinants of Health 2.0 Special Advisor to LGBTQ2 Issues 8 2.1 Recommendations 3.0 LGBTQI2S Mental Health 9 3.1 Context 3.2 Key Statistics on LGBTQI2S Mental Health 3.3 Amendments to Budget 10 3.4 Projected Impacts of Amendments for Community 3.5 Recommendations 11 4.0 Housing and Homelessness 12 4.1 Context 4.2 Key Statistic on LGBTQI2S Housing and Homelessness 4.3 Amendments to Budget 13 4.4 Projected Impacts of Amendments for Community 14 4.5 Recommendations 5.0 Employment 15 5.1 Context 5.2 Key Statistics on LGBTQI2S Employment and Workplace 16 Violence 5.3 Amendments to Budget 17 5.4 Projected Impact of Amendment to Community 18 5.5 Recommendations 19 6.0 Family 20 6.1 Context 6.2 Key Statistics on LGBTQI2S Parents 6.3 Amendments to Budget 21 6.4 Projected Impact of Amendment for Community 6.5 Recommendations 22 Table of Contents 7.0 Justice, Safety and Violence 23 7.1 Context 7.2 Key Statistics on LGBTQI2S Violence 7.3 Amendments to Budget 24 7.4 Projected Impact of Amendment for Community 7.5 Recommendations 25 8.0 Military 26 8.1 Context 8.2 Key Statistics on LGBTQI2S Experiences in the Military 8.3 Amendments to Budget 27 8.4 Projected Impact of Amendments for Community 28 8.5 Recommendations 9.0 International Assistance 29 9.1 Context 9.2 Key Information on International LGBTQI2S Human Rights 30 9.3 Amendment to Budget 31 9.4 Projected Impact of Amendment for Community 9.5 Recommendations 32 10.0 Asylum System Reform 33 10.1 Context 10.2 Key Statistic on LGBTQI2S Asylum Seekers 34 10.3 Amendment to Budget 35 10.4 Projected Impact of Amendment for Community 36 10.5 Recommendations References 38 Appendix 1 42 Appendix 2 44 1.0 Introduction For the first time in Canadian history, the federal budget has explicitly addressed the issue of gender.
    [Show full text]
  • Outgames a Photograph of the Enthusiastic Crowd at the by Linda Rapp Opening Ceremonies of the Montreal Outgames Encyclopedia Copyright © 2015, Glbtq, Inc
    Outgames A photograph of the enthusiastic crowd at the by Linda Rapp opening ceremonies of the Montreal Outgames Encyclopedia Copyright © 2015, glbtq, Inc. in 2006. Image provided by montreal2006.org. Entry Copyright © 2006 glbtq, Inc. Reprinted from http://www.glbtq.com The first world Outgames, held in Montreal in the summer of 2006, brought together some half a million glbtq people and allies for sports competitions, cultural events, and a conference on human rights. The Outgames were born out of controversy. Montreal had been chosen in 2001 to host the 2006 Gay Games, but disputes over financing between the Federation of Gay Games (FGG) and the Montreal organizing committee led to an impasse that resulted in a decision by the FGG to withdraw the award to Montreal and instead hold the 2006 Gay Games in Chicago. Olympic champion Mark Tewksbury had been a key member of the Montreal committee. After the loss of the Gay Games to Chicago, he took the lead in proposing that the city hold its own glbtq sports festival in 2006. With excellent facilities, including some built for the 1976 Olympic games, and strong support from federal, provincial, and local governments, Montreal had all the makings of a successful venue. The Montreal organizers sought to create an event that both celebrated and transcended sport. They invited glbtq people from around the world to participate not only in athletics but also in cultural programs and, importantly, in a conference on glbtq human rights. International Conference on Lesbian, Gay, Bisexual and Transgender Human Rights Launching a major international event was a considerable challenge for the organizers of the Outgames, and the task was made more difficult when some 250 people from 60 countries invited to the International Conference on Lesbian, Gay, Bisexual and Transgender Human Rights were initially denied visas into Canada despite the fact that many of these participants had received financial help from the Canadian International Development Agency to cover their expenses.
    [Show full text]
  • GLMA's 35Th Annual Conference on LGBT Health
    Conference Program GLMA’s 35th Annual Conference on LGBT Health Hotel Map Conference Program GLMA’s 35th Annual Conference on LGBT Health Table of Contents About GLMA........................................................................................................ 2 GLMA President’s Welcome................................................................................ 4 GLMA Education Committee Welcome........................................................... 5 General Information............................................................................................. 6 Social Networking Information............................................................... 6 Conference Goals & Learning Objectives............................................. 8 CME / CE & Evaluation Information.................................................. 9 Special & Social Events Calendar........................................................................ 11 GLMA Achievement Awards Gala.................................................................... 15 Schedule-at-a-Glance............................................................................................. 16 Conference Schedule............................................................................................. 17 Wednesday................................................................................................... 17 Thursday...................................................................................................... 18 Friday...........................................................................................................
    [Show full text]
  • September 2006
    2401, rue Coursol Montreal, Quebec, H3J 1C8 Tel.: 514-846-1543 Email: [email protected] Website: www.aml-lma.org NEWSLETTER - VOLUME VIII - No. I - September 2006 Back to School: GRIS is Looking for Moms! By Mikaëlle Monfort, LMA member “So if you’re a lesbian, how did you get pregnant? And how did you and your girlfriend decide who would be the one to carry the baby? And your girlfriend, didn’t she get jealous when you were pregnant? Don’t you think you’re child will miss having a father? Aren’t you afraid that he’ll get teased at school?” Last fall as a volunteer for GRIS-Montréal (The Montreal Group for Research and Social Intervention), I went to more than a dozen high schools and CEGEPS in the Montreal region to answer questions that young adults were asking about homosexuality. Let me tell you, the sight of a pregnant lesbian will elicit a lot of questions from curious teenagers. Okay, it’s not everyday that they get a chance to meet one at school. And so when they are actually encouraged to ask questions without the threat of a teacher telling them to behave, they certainly take advantage! The questions that they asked me in these 1 hour workshops were often personal and I’m not sure that I would have answered if a stranger outside of the classroom setting had asked them…but there, before these young people it was different, at least for two reasons. For one I had consciously chosen to let these teenagers share my experiences as a lesbian.
    [Show full text]
  • May 13, 2020 | Updated June 25, 2020 the Hon. Patty Hajdu Minister of Health the Hon. Bill Blair Minister of Public Safety and E
    May 13, 2020 | Updated June 25, 2020 The Hon. Patty Hajdu Minister of Health The Hon. Bill Blair Minister of Public Safety and Emergency Preparedness The Hon. David Lametti Minister of Justice and Attorney General of Canada Dear Ministers: We write with urgency in light of two unprecedented public health emergencies. As the COVID-19 pandemic and the overdose crisis sweep across Canada, there is a pressing need to adopt evidence-based measures that uphold the health and safety of people who use drugs, and we are asking that you use the tools at your disposal to decriminalize simple drug possession immediately. As you know, more than 14,700 apparent opioid-related deaths were reported between January 2016 and September 2019;1 the latest data related to the coronavirus outbreak indicate more than 70,000 confirmed cases of COVID-19 in Canada and more than 5,000 reported deaths.2 The COVID-19 pandemic has further exposed stark health inequities and the many structural factors that increase people’s vulnerability to the virus. People who use drugs, and particularly those who are homeless or precariously housed, are more likely to have chronic health issues that will increase their risk of experiencing severe complications should they contract COVID-19. To minimize the risk of transmission and other drug-related health risks, public health officials have urged people who use drugs to continue using harm reduction services, including overdose prevention sites and supervised consumption sites.3 Unfortunately, COVID-19 has forced many harm reduction
    [Show full text]
  • Declaration of Montreal (IASP)
    Declaration of Montreal Dr Beverly Collett Consultant in Pain Medicine Past-Treasurer and Council member IASP Chair Chronic Pain Policy Coalition Leicester IASP Global Presence ▪ Shared Mission ▪ Collaboration • Vision Statement: Working together for pain relief throughout the world • Mission: IASP brings together scientists, clinicians, health care providers, and policy makers to stimulate and support the study of pain and to translate that knowledge into improved pain relief worldwide. IASP • The Beginning • May 1973 • International Symposium Issaquah, WA, USA ”Pain is a major concern influencing every aspect of life. It is the most common symptom of disease, which compels patients to seek medical counsel. Whereas acute symptomatic pain serve the useful purpose of warning... The chronic pain is a malefic force which imposes severe emotional, physical, and economic stresses on the patient.” -- John J. Bonica IASP Membership At A Glance • More than 7,000 Members • 130 Countries • 85 Chapters • Multidisciplinary – Anesthesiology – Neuroscience – Psychology – Nursing – Neurology – Physical Therapy – Dentistry… IASP Chapters 85 Countries IASP Chapters JASP • Increase knowledge at the local level • Disseminate information about pain • Improve pain management DECLARATION OF MONTREAL Declaration that Access to Pain Management Is a Fundamental Human Right Steering Committee • Michael Cousins Philipp Lippe • Harald Breivik Diederik Lohman • Mary Cardosa Mary Lynch • James Cleary Henry Lu • Beverly Collett German Ochoa • Amira Karkin-Tais Cathy
    [Show full text]
  • Sexual Orientation, Gender Identity and International Human Rights Law: Contextualising Theyogyakarta Principles
    Human Rights Law Review 8:2 ß The Author [2008]. Published by Oxford University Press. Downloaded from https://academic.oup.com/hrlr/article-abstract/8/2/207/677801 by The University of Western Australia user on 15 May 2019 All rights reserved. For Permissions, please email: [email protected] doi:10.1093/hrlr/ngn009 ....................................................................... Sexual Orientation, Gender Identity and International Human Rights Law: Contextualising theYogyakarta Principles Michael O’Flaherty* and John Fisher** Abstract On 26 March 2007, a group of human rights experts launched the Yogyakarta Principles on the Application of Human Rights Law in Relation to Sexual Orientation and Gender Identity (the Yogyakarta Principles). The Principles are intended as a coherent and comprehen- sive identification of the obligation of States to respect, protect and fulfil the human rights of all persons regardless of their sexual orienta- tion or gender identity. Since their launch the Principles have attracted considerable attention on the part of States, United Nations actors and civil society. It is likely that they will play a significant role within advocacy efforts and, whether directly or otherwise, in normative and jurisprudential development. The present article constitutes the first published critical commentary on the Principles. It seeks to situate them within the contexts of (a) the actual situation of people of diverse sexual orientations and gender identities, and (b) the applicable international human rights law as it stands today. Thus situated, the Yogyakarta drafting process and the outcome text are examined. The final section of the article comprises a preliminary review of the impact and dissemination of the Principles.
    [Show full text]
  • Final Status Report for World Outgames 2009 February 2007
    Final Status Report for World Outgames 2009 February 2007 – July 2009 INTRODUCTION 3 SUMMARY AND GUIDELINES TO THE READER: 5 THE POLITICAL, FINANCIAL AND ORGANIZATIONAL TIMELINE FOR WORLD OUTGAMES 8 ORGANIZATION 14 COMMUNICATIONS AND MARKETING 21 THE HUMAN RIGHTS CONFERENCE 30 THE CULTURAL PROGRAM 40 THE SPORTS PROGRAM 50 THE VOLUNTEERS DEPARTMENT 57 FUNDRAISING, SPONSORSHIP AND FUNDS 64 FINANCE 68 IT 75 CONCLUDING REMARKS 80 APPENDIX 87 KEY FIGURES: 87 ACHIEVEMENTS SO FAR: 91 _____________________________________________________________________ Final Status Report for World Outgames 2009 2 Introduction Since being established in February 2007, the secretariat has provided ongoing documentation about the progress of work with World Outgames 2009. These reports were primarily addressed to the World Outgames 2009 Board and the main partner, the City of Copenhagen. And similarly to the general public. Reporting has taken the form of half-yearly status reports and covered all significant aspects of developing, organizing and holding a large, and therefore often complex, international project such as World Outgames 2009 has been and still is. A total of four half-yearly reports have been issued: • June 2007 • December 2007 • June 2008 • December 2008 Parallel to those reports, other memos or larger documents have been produced from time to time to support decision-making processes by the Board or as submissions to debates in the Culture and Leisure Committee at Copenhagen City Hall. In particular, the following memos and documents should be highlighted: • World Outgames Prospectus December 2008 • Program Brief February 2009 • Financial Brief March 2009 When writing this document, we want to give a final project status shortly before the event begins, and also to highlight the most important internal and external challenges the secretariat has encountered along the way.
    [Show full text]
  • Transition (1974) - Possible Candidates for Appointment to Positions (1)” of the Richard B
    The original documents are located in Box 12, folder “Transition (1974) - Possible Candidates for Appointment to Positions (1)” of the Richard B. Cheney Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 12 of the Richard B. Cheney Files at the Gerald R. Ford Presidential Library THE WHITE HOUSE T WASHINGTON A • B A ww w DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Gaylord Freeman Chairman of the Board First National Bank of Chicago John Robson Sheldon Lubar Resigned as Assistant Secretary, HUD for Housing Production and Mortgage Credit (old FHA job) . Policy differences with Lynn over regional offices. Former Chairman Mortgage Association, Inc. Milwaukee, Wisconsin (mortgage banking company). Rocco Siciliano President, Title Insurance in Los Angeles (lent money to buy San Clemente) . Former Commerce Undersecretary. Thomas Moody Mayor, Columbus, Ohio {Rep.) Moon Landrieu Mayor, New Orleans (Dem.) Louis Welch Houston. Retired as Mayor. Dem. conservative. Helped Nixon Administration push revenue sharing, etc., with Mayors.
    [Show full text]