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Sexuality and Transsexuality Under the European Convention on Human Rights

A Queer Reading of Human Rights Law

By: Damian A Gonzalez Salzberg
Media of Sexuality and Transsexuality Under the European Convention on Human Rights
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Published: 07-02-2019
Format: Hardback
Edition: 1st
Extent: 248
ISBN: 9781509914937
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £60.00
 

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Loren Epson

About Sexuality and Transsexuality Under the European Convention on Human Rights

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.

Table Of Contents

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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