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Sexuality and Transsexuality Under the European Convention on Human Rights: A Queer Reading of Human Rights Law

Sexuality and Transsexuality Under the European Convention on Human Rights: A Queer Reading of Human Rights Law

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509945306
  • 出版时间 September 2020
  • 适应领域:  ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509914937
S$74.29
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  • 描述 
  • 大纲 
  • 详细

    This book undertakes a critical analysis of international human rights law through the lens of queer theory. It pursues two main aims: first, to make use of queer theory to illustrate that the field of human rights law is underpinned by several assumptions that determine a conception of the subject that is gendered and sexual in specific ways. This gives rise to multiple legal and social consequences, some of which challenge the very idea of universality of human rights. Second, the book proposes that human rights law can actually benefit from a better understanding of queer critiques, since queer insights can help it to overcome heteronormative beliefs currently held. In order to achieve these main aims, the book focuses on the case law of the European Court of Human Rights, the leading legal authority in the field of international human rights law. The use of queer theory as the theoretical approach for these tasks serves to deconstruct several aspects of the Court's jurisprudence dealing with gender, sexuality, and kinship, to later suggest potential paths to reconstruct such features in a queer(er) and more universal manner.

  • 1. An Introduction to Queer(ing) Human Rights Law
    I. The Method and the Methodology of the Book
    II. The European Court of Human Rights
    III. Homosexuality and Transsexuality before the Court
    IV. A (Working) Definition of Queer Theory
    V. Queer Legal Theory
    VI. Queering Human Rights Law
    VII. Outline of the Book
    2. The Court's Conception of Gender
    I. Introduction
    II. The Sexed/Gendered Subject of Human Rights
    III. The Legal Meaning of Sex
    IV. Reconstructing the Legal Meaning of Gender
    V. The Transsexual Creation of Surgery and the Law
    VI. A Human Right to Gender Affirming Surgery?
    VII. Overcoming a Genitocentric Case Law
    VIII. Revisiting the Gender In-Between
    IX. Conclusion
    3. (Homo)Sexuality before the Court
    I. Introduction
    II. The (Hetero)Sexual Subject of Human Rights
    III. The Protection of Another Sexual Identity
    IV. Homosexuality as a Public Identity
    V. The Court's (Western) Understanding of Sexuality
    VI. The Construction of a Sexual Predisposition
    VII. A (Mutable) Immutable Sexuality
    VIII. Narratives of Homosexual Identity
    IX. Conclusion
    4. LGBT Families and Non-discrimination
    I. Introduction
    II. The Prohibition of Discrimination under the Convention
    III. The Privileged Heterosexual Married Couple
    IV. The Protection of the 'Family in the Traditional Sense'
    V. Homonormativity as an LGBT Strategy
    VI. Problems with (Non-)Discrimination
    VII. Conclusion
    5. Of Marriage, Partnerships and Parenthood (and Marriage Once Again)
    I. Introduction
    II. The Heterosexual Right to Marry
    III. Heterosexual(ising) Marriage's History
    IV. LGBT Parenthood
    V. Conclusion
    6. A Queer(er) Human Rights Jurisprudence
    I. Introduction
    II. Same-Sex Marriage before the Court
    III. Revisiting Transsexual Marriage after Goodwin
    IV. Que(e)rying the Privileged Character of Marriage
    V. Re-thinking Second-Parent Adoption
    VI. Conclusion
    7. Conclusion

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