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Williams Institute Publications
Laws And Families Database
An interactive database covering 50 years of legal development, on 69 issues, in 23 European countries; looks at marriage, registered partnership, and cohabitation for same-sex and different-sex couples. In addition to this main legal component, the database also includes statistical data and comparative sociological analysis. Created by a team of legal experts led by Kees Waaldijk at Leiden Law School and a team of demographers and sociologists led by Marie Digoix at INED in Paris.
Sexual Orientation, Gender Identity and Justice: A Comparative Law Casebook
Published by the International Commission of Jurists, this 400-page casebook compiles summaries of leading cases by topic, including decriminalization, workplace law, family law, and religion. The book contains 108 cases from 41 countries.
The Legal Recognition of Same-Sex Relationships
A guide to legal recognition of same-sex relationships in jurisdictions around the world, prepared by Jones Day librarians.
"In 2006, in response to well-documented patterns of abuse, a distinguished group of international human rights experts met in Yogyakarta, Indonesia to outline a set of international principles relating to sexual orientation and gender identity. The result was the Yogyakarta Principles: a universal guide to human rights which affirm binding international legal standards with which all States must comply." (--From the website). *Updated 10 November 2017; "Yogyakarta plus 10."
In this section, you can find information about LGBT people around the world. For specific regions, please see the sub-tabs for Africa, Asia, Europe, Latin America & the Caribbean, the Middle East, North America (Canada), and Oceania (includes Australia & New Zealand.)
Below is a list of resources that are worldwide in scope, or that compare the legal situations in more than one country or region.
For detailed information on multiple countries, try the encyclopedia below (which does not include information on all countries):
The Greenwood Encyclopedia of LGBT Issues Worldwide. Edited by Chuck Stewart; 3 vols. (Greenwood Press, 2010) HQ76 .G83 2010 (print); also available online (restricted to UCLA).
Worldwide/Comparative, 2020 -
Research Handbook on Gender, Sexuality and the Law by
Call Number: K5194
Publication Date: 2020-03-02
This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.Chapters address a range of current arguments and issues, providing an enhanced theoretical framework and evolving understanding from a variety of feminist and queer perspectives. Relationship recognition debates and LGBT activism and scholarship are examined and discussed, as well as questions around bodily autonomy, kink identities, pornography and healthcare access rights. Research exploring the lived experiences of people facing challenges such as domestic violence, asylum, femicide and hate crime is also assessed.This Research Handbook will be an invaluable resource for researchers and students in the fields of law, sexuality and gender, as well as family studies, sociology, media and cultural studies, and medicine. Activists will also benefit from its scholarly insight into key policy debates and future strategy.
*eBook (UCLA users only)
Same-Sex Parenting and the Best Interests Principle by
Call Number: K700 .B73 2020
Publication Date: 2020-03-26
This book is written for academics, students, policymakers, practitioners, and non-governmental organisations interested in the legal recognition of LGBT+ parenting. The book presents arguments in favour of the legal recognition of gay and lesbian families that are based on consideration of the best interests of the child. In this context, 'best interests' is informed by reference to children's rights and to social science data. Applied in this manner, it is argued that the best interests of children can be used to demand that same-sex parenting arrangements are afforded legal recognition and protection. Suggestions are also presented as to the most appropriate manner of providing for this recognition in the areas of parental responsibility, adoption, donor-conception and surrogacy. These suggestions are drawn from comparative case studies, focusing on England and Wales, Ireland and South Africa, that are used to facilitate assessment of the best interests principle.
*Also available as an ebook (UC users only): Same-Sex Parenting and the Best Interests Principle
The Oxford Handbook of Global LGBT and Sexual Diversity Politics by
Call Number: HQ76.5 .O94 2020
Publication Date: 2020-03-02
Struggles for LGBT rights and the security of sexual and gender minorities are ongoing, urgent concerns across the world. For students, scholars, and activists who work on these and related issues, this handbook provides a unique, interdisciplinary resource.In chapters by both emerging and senior scholars, the Oxford Handbook of Global LGBT and Sexual Diversity Politics introduces key concepts in LGBT political studies and queer theory. Additionally, the handbook offers historical, geographic, and topical case studies contexualized within theoretical frameworks from the sociology of sexualities, critical race studies, postcolonialism, indigenous theories, social movement theory, and international relations theory. It provides readers with up-to-date empirical material and critical assessments of the analytical significance, commonalities, and differences of global LGBT politics. The forward-looking analysis of state practice, transnational networks, and historical context presents crucial perspectives and opens new avenues for debate, dialogue, and theory.
*Also available as an eBook (UCLA users only): Oxford Handbook of Global LGBT and Sexual Diversity Politics
Queer Social Movements and Outreach Work in Schools: A Global Perspective by
Call Number: LC2574
Publication Date: 2020-04-07
This book brings together leading scholars researching the field of gender, sexuality, schooling, queer activism, and social movements within different cultural contexts. With contributions from more than fifteen countries, the chapters bring fresh insights for students and scholars of gender and sexuality studies, education, and social movements in the Global North and South. The book draws together both theoretical and empirical contributions offering rich and multidisciplinary essays from scholars and activists in the field focusing on outreach work of QSM (Queer Social Movements) in schools, queer activism in educational settings, and the role of QSMs in supporting and informing queer youth.
*eBook (UC users only)
Same-Sex Relationships, Law and Social Change by
Call Number: K698.5.A6 S26 2018
Publication Date: 2020-01-16
This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done.
Advancing Equality: How Constitutional Rights Can Make a Difference Worldwide by
Call Number: K3250 .H49 2020
Publication Date: 2020-01-14
In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country's future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.
*Also available as a free download from UC Press: Advancing Equality
Worldwide/Comparative, 2010 - 2019
Sexual Orientation, Gender Identity and International Human Rights Law: Common Law Perspectives by
Call Number: K3243 .O37 2020
Publication Date: 2019-11-11
This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.
Sexuality, Human Rights, and Public Policy by
Call Number: HQ73 .S53 2020
Publication Date: 2019-11-12
Sexuality, Human Rights, and Public Policy explores the intersection of public policy, human rights, and sexuality as they relate to inclusion and exclusion across diverse cultural settings. It examines how knowledge is formed and experienced at the intersections of culture, sexuality, race, and other axes of identity. This volume engages an array of questions including how public policy shapes the conceptualization of sexuality and rights and by extension the phenomena of inclusion and exclusion in contemporary society across the world. By evaluating how public discourse is employed to re-inscribe differences of gender, sexuality, and rights of citizens, this book provides a comparative analysis of how these processes and dynamics resemble each other or differ cross-culturally. This book demonstrates that in the realm of sexualities, approached from the ideal of human rights as a predominantly Western notion is increasingly challenged by diverse views and new interpretations of human rights in non-Western societies such as Africa and the Middle East.
Transnational Human Rights Litigation: Challenging the Death Penalty and Criinalization of Homosexuality in the Commonwealth by
Call Number: K3240
Publication Date: 2019-10-14
This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The "sharing" of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.
*eBook (UC users only). Also available in print.
Marginality and Global LGBT Communities: Conflicts, Civil Rights and Controversy by
Call Number: HQ73 .N68 2020
Publication Date: 2019-09-06
This book examines the interconnectedness of LGBT civil and political rights, bias, discrimination, homophobia, and LGBT health disparities both in the United States and globally. According to Notaro, the failure to extend equitable civil and political rights to LGBT individuals--combined with recent reversal of past gains--will continue to be associated with bias, stigma and discrimination toward the LGBT community. In turn, this sustained bias and stigma fosters a host of LGBT health disparities, including access to culturally competent health care, HIV/AIDS, substance use, homelessness, suicide, and violence. Thus, the bias and discrimination levied at the LGBT community is discussed as a major explanatory factor in life-threatening health disparities experienced by the community, particularly in urban areas worldwide. The volume provides a framework for considering future research that must identify ways to prevent these health disparities, being mindful of and harnessing the protective factors and supports that exist within the diverse LGBT community.
*also available as an ebook (UC users only): Marginality and Global LGBT Communities
From Sodomy Laws to Same-Sex Marriage: International Perspectives since 1789 by
Call Number: HQ76.25 .F76 2019
Publication Date: 2019-07-25
Inspired by recent adoptions of same-sex marriage, From Sodomy Laws to Same-Sex Marriage provides international perspectives on the legal and social history of same-sex relationships from the early 19th century to the present. Its emphasis is on areas where the impetus for change has been most noticeable- Europe, the Americas, and Australasia. From Sodom and Gomorrah to Britain's sodomy laws and continental Europe's abhorrence of sexual acts 'against nature', the history of same-sex love traditionally ranged from fire and brimstone maledictions to secrecy and scandal. Until recently, legal positions across the western world reflected the legacies of the British and French empires, as well as Christianity, particularly Catholicism. In recent years, however, there has been a revolution in attitudes towards same-sex relationships. This poses hitherto unanswered questions- what historical complexities lie behind the revolutionary shift from punitive attitudes to legal endorsement of same-sex relationships? Given the cultural variety of historical attitudes to same-sex relationships, why has their legal acceptance been so international? The essays in this volume provide answers to these questions, offering the first international overview of the topic. While other studies have attempted to explain the change in legal and social treatment of same-sex relationships in a national context, or within a shorter time frame, this is the first volume to examine the topic from the French Revolution to the present day, bringing together a diverse array of perspectives over a range of countries. It is an important volume for students and scholars of queer history, the history of sexuality, law and sociology.
Transnational Advocacy Networks and Human Rights Law: Emergence and Framing of Gender Identity and Sexual Orientation by
Call Number: K3243 .D66 2019
Publication Date: 2019-02-21
This book asks the fundamental question of how new human rights issues emerge in the human rights debate. To answer this, the book focuses on nongovernmental organizations (NGOs) and on the case study of LGBTI (lesbian, gay, bisexual, transgender and intersex) rights. The work argues that the way in which NGOs decide their advocacy, conceptualise human rights violations and strategically present legal analysis to advance LGBTI human rights shapes the human rights debate. To demonstrate this, the book analyses three data sets: NGO written statements submitted to the United Nations Human Rights Council, NGO oral statements delivered during the Universal Periodic Review and 36 semi-structured interviews with NGO staff. Data are analysed with a combination of quantitative and qualitative approaches to discover what issues are most important for LGBTI networks (issue emergence) and how these issues are framed (issue framing). Along with NGO efficiency in lobbying for the emergence of new human rights standards, the book inevitably discusses important questions related to NGOs' accountability and democratic legitimacy. The book thus asks whether the right to marry is important for LGBTI advocates working transnationally, because this right is particularly controversial among activists and LGBTI communities, especially in non-Western contexts. for the emergence of new human rights standards, the book inevitably discusses important questions related to NGOs' accountability and democratic legitimacy. The book thus asks whether the right to marry is important for LGBTI advocates working transnationally, because this right is particularly controversial among activists and LGBTI communities, especially in non-Western contexts.
Pride Parades and LGBT Movements: Political Participation in an International Comparative Perspective by
Call Number: HQ76.96 .P478 2018
Publication Date: 2018-06-12
Today, Pride parades are staged in countries and localities across the globe, providing the most visible manifestations of lesbian, gay, bisexual, trans, queer and intersex movements and politics. Pride Parades and LGBT Movements contributes to a better understanding of LGBT protest dynamics through a comparative study of eleven Pride parades in seven European countries: Czech Republic, Italy, Netherlands, Poland, Sweden, Switzerland, the UK, and Mexico. Peterson, Wahlström and Wennerhag uncover the dynamics producing similarities and differences between Pride parades, using unique data from surveys of Pride participants and qualitative interviews with parade organizers and key LGBT activists. In addition to outlining the histories of Pride in the respective countries, the authors explore how the different political and cultural contexts influence: Who participates, in terms of socio-demographic characteristics and political orientations; what Pride parades mean for their participants; how participants were mobilized; how Pride organizers relate to allies and what strategies they employ for their performances of Pride.
Global Perspectives on Same-Sex Marriage by
Call Number: HQ1033 .G56 2018
Publication Date: 2017-11-17
This book provides a comparative, neo-institutionalist approach to the different factors impacting state adoption of--or refusal to adopt--same-sex marriage laws. The now twenty-one countries where lesbians and gay men can legally marry include recent or longstanding democracies, republics and parliamentary monarchies, and unitary and federal states. They all reflect different positions with respect to religion and the cultural foundations of the nation. Countries opposed to such legalization, and those having taken measures in recent years to legally reinforce the heterosexual fundaments of marriage, present a similar diversity. This diversity, in a globalized context where the idea of same-sex marriage has become integral to claims for LGBTI equality and indeed LGBTI human rights, gives rise to the following question: which factors contribute to institutionalizing same-sex marriage? The analytical framework used for exploring these factors in this book is neo-institutionalism. Through three neo-institutionalist lenses--historical, sociological and discursive--contributors investigate two aspects of the processes of adoption or opposition of equal recognition of same-sex partnerships. Firstly, they reveal how claims by LGBTIQ movements are being framed politically and brought to parliamentary politics. Secondly, they explore the ways in which same-sex marriage becomes institutionalized (or resisted) through legal and societal norms and practices. Although it adopts neo-institutionalism as its main theoretical framework, the book incorporates a broad range of perspectives, including scholarship on social movements, LGBTI rights, heterosexuality and social norms, and gender and politics.
Routledge Handbook of Queer Development Studies by
Call Number: HQ76.25 .R68 2018
Publication Date: 2018-02-02
Around the world lesbian, gay, bisexual, trans, intersex and queer individuals are subjected to violence and intimidation based on their real or perceived sexuality, gender identity or expression. With those most at risk of human rights violations often living in areas of low economic development, questions of sexuality, gender identity, and expression have become a significant area of research within the field of development studies. The Routledge Handbook of Queer Development Studies is the first full length study of queer development studies, collecting the very best in research from around the world. Topics for discussion include: Queering policy and planning in development Queer development critique and queer critiques of development Global LGBTIQ rights Queer social movements and mobilizations At a time when development and human rights organizations such as the World Bank, Office of the UN Secretary General and Human Rights Watch are placing increasing importance on global LGBT rights, the Routledge Handbook of Queer Development Studies is an essential guide for scholars, upper level students, practitioners and anyone with an interest in global sexualities, gender identities, and expressions.
*Also available as an eBook (UC users only): Routledge Handbook of Queer Development Studies
Because We Are Human: Contesting US Support for Gender and Sexuality Human Rights Abroad by
Call Number: HQ76.5 .B87 2018
Publication Date: 2018-06-01
Around the world, lesbian, gay, bisexual, transgender, and queer people continue to be threatened, attacked, arrested, tortured, and sometimes executed just for being sexual or gender minorities. Since the final months of the Clinton administration, agencies and officials of the US government have been engaging in programs and projects whose stated purposes are to serve goals of justice and equity for LGBTQ people outside the United States. Because We Are Human gives readers an inside look at US sexual orientation and gender identity (SOGI) human rights assistance programs. Cynthia Burack explores settings where indigenous and transnational human rights advocates meet to fund and strategize SOGI human rights movements. This book also examines key arguments against these programs, policies, and interventions that originate on both the conservative right and the progressive academic left. Burack ultimately recommends support for a US commitment to SOGI human rights and programs that serve the needs of LGBTQ people.
Global Gay: How Gay Culture is Changing the World by
Call Number: HQ76.25 .M36513 2018
Publication Date: 2018-04-27
A panoramic view of gay rights, gay life, and the gay experience around the world. In Global Gay, Frédéric Martel visits more than fifty countries and documents a revolution underway around the world: the globalization of LGBT rights. From Saudi Arabia to South Africa, from Amsterdam to Tel Aviv, from Singapore to the United States, activists, culture warriors, and ordinary people are part of a movement. Martel interviews the proprietor of a "gay-friendly" café in Amman, Jordan; a Cuban-American television journalist in Fort Lauderdale, Florida; a South African jurist who worked with Nelson Mandela to enshrine gay rights in the country's constitution; an American lawyer who worked on the campaign for marriage equality; an Egyptian man who fled his country after escaping a raid on a gay club; and many others. He tells us that in China, homosexuality is neither prohibited nor permitted, and that much Chinese gay life takes place on social media; that in Iran, because of the strict separation of the sexes, it seems almost easier to be gay than heterosexual; and that Raul Castro's daughter, a gay rights icon in Cuba, expressed her lingering anti-American sentiments by calling for Pride celebrations in May rather than June. Ten countries maintain the death penalty for homosexuals. "Homophobia is what Arab governments give to Islamists to keep them calm," one activist tells Martel. Martel finds that although the "gay American way of life" has created a global template for gay activism and culture, each country offers distinctly local variations. And around the world, the status of gay rights has become a measure of a country's democracy and modernity. Global Gay has been adapted into an award-winning television documentary. This English edition has been thoroughly revised and updated.
Cross-National Public Opinion about Homosexuality: Examining Attitudes Across the Globe by
Call Number: HQ76.25 .A33 2017
Publication Date: 2017-01-31
Public opinion about homosexuality varies substantially around the world. While residents in some nations have embraced gay rights as human rights, people in many other countries find homosexuality unacceptable. What creates such big differences in attitudes? This book shows that cross-national differences in opinion can be explained by the strength of democratic institutions, the level of economic development, and the religious context of the places where people live. Amy Adamczyk uses survey data from almost ninety societies, case studies of various countries, content analysis of newspaper articles, and in-depth interviews to examine how demographic and individual characteristics influence acceptance of homosexuality.
Also available as an eBook: (UC users only): Cross-National Public Opinion About Homosexuality
Gay in the 80s: From Fighting for Our Rights to Fighting for Our Lives by
Call Number: HQ76.25 .C54 2017
Publication Date: 2017
On the face of it, the 80s wasn't the best decade for queer people around the world. Challenges included the rise of the New Right in the USA, Section 28 which prohibited the promotion of homosexuality; the trial of Gay's the Word bookshop in the UK and the continuing criminalisation of homosexuality in the majority of Australian states. Underpinning all of this was the unfolding of the AIDS crisis: a time when LGBT people realised that they were no longer simply fighting for their rights but, quite literally, fighting for their lives. But it wasn't all doom and gloom; by the end of the eighties there had been some very real progress. Major political parties had LGBT rights in their manifestos, trades unions increasingly took up the cause and regional legislators introduced anti-discrimination laws and policies. LGBT people became more prolific in film, television, music and literature and the LGBT community grew significantly. Gay in the 80s examines a number of the events and issues in the UK, USA and Australia, giving a comprehensive perspective of LGBT reality during this decade.
National Politics and Sexuality in Transregional Perspective by
Call Number: HQ76.4 .N38 2018
Publication Date: 2017-11-28
*At Young Research Library.
National Politics and Sexuality in Transregional Perspectiveexplores how modern identity politics around the world are gendered and sexualized in multiple ways. Constructions of the imagined collective "self" often contain references to a heteronormative order, whereas relevant internal or external "others" are often felt to deviate from this order through their gendered or sexual practices. By contrast, some Western countries have witnessed the evolution of LGBTQI-friendly discourses by certain political actors in recent years, often in the context of the post-9/11 culture wars. This pathbreaking book focuses on perceptions of "self" and "other" in Europe, the Middle East and North Africa from a gendered perspective. It deals with anti-LGBTQI as well as LGBTQI-friendly aspects of modern culture and politics in countries within these regions, focusing on the functions such discursive markers play in nationalist and racist imageries, in discourses legitimizing class differences from the nineteenth century to the present day, including globalized discourses in the context of 9/11 and its aftermath. It shows that discourses on sexuality and gendered performances in everyday life often undermine the stability of such binary constructions, as they point to the multiplicity, ambivalence and the indeterminate character of individual and collective identities under conditions of modernity. Addressing contemporary identity politics both in a wider historical context and within a transregional comparative framework thus helps to discern differences and similarities between different world regions and serves to dislocate essentialized notions of cultural differences based on gender and sex.
The Future of Registered Partnerships by
Call Number: KJC1127 .F88 2017
Publication Date: 2017-12-18
A book series dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe. The books are published in English, French or German under the auspices of the Organising Committee of the Commission on European Family Law (CEFL). In many jurisdictions registered partnerships were introduced either as a functional equivalent to marriage for same-sex couples or as an alternative to marriage open to all couples. But now that marriage is opened up to same-sex couples in an increasing number of jurisdictions, is there a role and a need for another form of formalised adult relationship besides marriage? In this book, leading family law experts from 15 European and non-European countries explore the history and function of registered partnership in their own jurisdictions. Further chapters look at the impact of the European Convention on Human Rights and European Union Law on the regulation of registered partnerships. In the concluding chapters the different approaches are analysed and compared. This book provides the foundation for an informed discussion not only on changes to the implementation of registered partnership schemes, but also more generally for reviewing the law concerning the recognition of adult relationships. About the editors: Dr Dr Jens M. Scherpe is a Reader at the University of Cambridge and Cheng Yu Tung Visiting Professor at the University of Hong Kong Dr Andy Hayward is a Lecturer in Family Law at Durham Law School, Durham University (Series: European Family Law, Vol. 44) [Subject: Family Law, European Law]
Constitutional Courts, Gay Rights and Sexual Orientation Equality by
Call Number: K3242.3 .S68 2017
Publication Date: 2017-05-04
In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.
Human Rights, Sexual Orientation, and Gender Identity by
Call Number: K3242.3 .H863 2017
Publication Date: 2016-10-05
How human rights principles, like the right to gender identity, freedom, integrity and equality, respond to the concerns of different groups of adults and children who experience gender harm due to the binary conception of sexuality and gender identity is the overall theme of this book. The Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity are analysed in the light of the dynamic jurisprudence of different human rights treaty bodies. Whether and how the status quo of gender duality is reproduced, in spite of international law's growing recognition of the multiplicity of sexualities and gender identities, is discussed. How transgender men, in countries that permit legal gender change, have been successfully prosecuted for gender fraud by female partners claiming to be unaware of their gender history is given attention. While human rights discourse related to LGBTI persons so far has been moulded on the experiences of adults this book gives voice to the concerns of gender-non confirming children. The jurisprudence of the Child Rights Committee, with focus on the complex social and legal issues faced by gender non-confirming children, is addressed. Through narratives, that give voice to these children's experiences, the book demonstrates how the legal gender assigned at birth impacts on their feeling of recognition, self-confidence and self-respect in the private, social, and legal spheres. This book was previously published as a special issue of the Nordic Journal of Human Rights.
Queer Wars by
Call Number: HQ76.5 .A39 2016
Publication Date: 2016-03-07
The claim that "LGBT rights are human rights" encounters fierce opposition in many parts of the world, as governments and religious leaders have used resistance to LGBT rights to cast themselves as defenders of traditional values against neo-colonial interference and western decadence. Queer Wars explores the growing international polarization over sexual rights, and the creative responses from social movements and activists, some of whom face murder, imprisonment or rape because of their perceived sexuality or gender expression. This book asks why sexuality and gender identity have become so vexed an issue between and within nations, and how we can best advocate for change.
Lesbian Geographies: Gender, Place and Power by
Call Number: HQ75.5 .L47 2015
Publication Date: 2015-10-28
It has long been recognised that the spatialisation of sexual lives is always gendered.This volume explores lesbian geographies in diverse geographical, social and cultural contexts and presents new approaches, using English as a working language but not as a cultural framework. Going beyond the dominant trace of Anglo-American perspectives of research in sexualities, this book presents research in a wide range of countries including Australia, Argentina, Israel, Canada, USA, Russia, Poland, Spain, Hungary and Mexico.
The Global Trajectories of Queerness: Re-thinking Same-Sex Politics in the Global South by
Call Number: HQ76.25 G635 2015
Publication Date: 2015-10-30
"The Global Trajectories of Queerness" interrogates the term queer by closely mapping what space the theorizing of same-sex sexualities and sexual politics in the non-West inhabits. From theoretical discussions around the epistemologies of such conceptualizations of space in the Global South, to specific ethnographies of same-sex culture, this collection hopes to forge a way of tracking the histories of race, class, caste, gender, and sexual orientation that form what is called the moment of globalization. The volume, co-edited by Ashley Tellis and Sruti Bala, asks whether the societies of the Global South simply borrow and graft an internationalist (read Euro-US) language of LGBT/queer rights and identity politics, whether it is imposed on them or whether there is a productive negotiation of that language.
The Legal Status of Transsexual and Transgender Persons by
Call Number: K646 .L44 2015
Publication Date: 2015-12-22
The need to allow for a legal change of sex/gender, in certain cases, is no longer disputed in most jurisdictions. For European countries, there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application No. 28957/95). The question has therefore shifted to what the requirements should be for such a legal change. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality, and marital status, as well as the medical and psychological requirements. The latter, in some jurisdictions, still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity. This book examines questions that are thus far under-researched, namely what the full legal consequences of a legal change of sex/gender should be - for example, with regard to the existing legal relationships, such as marriages and registered partnerships, but also concerning children and parentage. The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions, but also two chapters that look at legal sex/gender changes from a Christian perspective, and one chapter from a medical-psychological perspective. The final chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.
Same Sex Couples - Comparative Insights on Marriage and Cohabitation by
Call Number: K699 .S25 2015
Publication Date: 2015-05-20
This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families.The difference between them lies in the response of courts. Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families. When courts respond to these claims with rigid concepts of what a family is and what marriage is as if legal concepts were unmodifiable, same-sex couples have remained outside the protection of the law. Not all countries are open to changing their legal structures to accommodate same-sex couples, but even those with no visible changes are witnessing new voices in their communities challenging the status quo and envisioning more flexible legal systems.
*Also available as an eBook (UC users only): Same Sex Couples: Comparative Insights on Marriage and Cohabitation
Transnational LGBT Activism: Working for Sexual Rights Worldwide by
Call Number: HQ76.5 .T477 2014
Publication Date: 2014-11-07
The International Gay and Lesbian Human Rights Commission (IGLHRC) was founded in 1990 as the first NGO devoted to advancing LGBT human rights worldwide. How, this book asks, is that mission translated into practice? What do transnational LGBT human rights advocates do on a day-to-day basis and for whom? Understanding LGBT human rights claims is impossible, Ryan R. Thoreson contends, without knowing the answers to these questions. In Transnational LGBT Activism, Thoreson argues that the idea of LGBT human rights is not predetermined but instead is defined by international activists who establish what and who qualifies for protection. He shows how IGLHRC formed and evolved, who is engaged in this work, how they conceptualize LGBT human rights, and how they have institutionalized their views at the United Nations and elsewhere. After a full year of in-depth research in New York City and Cape Town, South Africa, Thoreson is able to reconstruct IGLHRC's early campaigns and highlight decisive shifts in the organization's work from its founding to the present day. Using a number of high-profile campaigns for illustration, he offers insight into why activists have framed particular demands in specific ways and how intergovernmental advocacy shapes the claims that activists ultimately make. The result is a uniquely balanced, empirical response to previous impressionistic and reductive critiques of Western human rights activists--and a clarifying perspective on the nature and practice of global human rights advocacy.
Same-Sex Couples Before National, Supranational and International Jurisdictions by
Call Number: K699 .S26 2014
Publication Date: 2013-12-12
The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions' reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.
*Also available as an eBook (UC users only): Same-Sex Couples before National, Supranational and International Jurisdictions
Global Homophobia: States, Movements, and the Politics of Oppression by
Call Number: HQ76.4 .G56 2013
Publication Date: 2013-10-25
While homophobia is commonly characterized as individual and personal prejudice, this collection of essays instead explores homophobia as a transnational political phenomenon. Contributors theorize homophobia as a distinct configuration of repressive state-sponsored policies and practices with their own causes, explanations, and effects on how sexualities are understood and experienced in a range of national contexts. The essays include a broad range of geographic cases, including France, Ecuador, Iran, Lebanon, Poland, Singapore, and the United States.
*Also available as an eBook: Global Homophobia
The Same-Sex Unions Revolution in Western Democracies: International Norms and Domestic Policy Change by
Call Number: HQ1034.E85 K65 2013
Publication Date: 2013-06-18
This book examines Same-Sex Unions Policy (SSU) developments in eighteen western democracies and seeks to explain why the overwhelming majority of these countries has implemented a national law to recognise gay and lesbian couples since 1989. Drawing on extensive interview and document analysis the book illustrates the ways in which SSU policy debates and outcomes have been catalysed by international norm diffusion and social learning. The second part of the study analyses these processes in greater depth using two comparative case studies (Germany and the Netherlands; the United States and Canada) to identify how the norm influences domestic policy debates as well as which factors determine how much power it can exert in different national environments. The case study analysis also reveals why western democracies have implemented different models of recognition (marriage vs. registered partnership vs. unregistered cohabitant).
A Little Gay History: Desire and Diversity Across the World by
Call Number: HQ76.25 .P376 2013
Publication Date: 2013-09-03
When was the first chat line between men established? Who was the first "lesbian"? Were ancient Greek men who had sex with each other necessarily "gay," and what did Shakespeare think about crossdressing? A Little Gay History answers these questions and more through close readings of art objects from the British Museum's far-ranging collection. Consulting ancient Egyptian papyri, the Roman Warren Cup's erotic figures, David Hockney's vivid prints, and dozens of other artifacts, R. B. Parkinson draws attention to a diverse range of same-sex experiences and situates them within specific historical and cultural contexts. The first of its kind, A Little Gay History builds a complex and creative portrait of love's many guises.
Worldwide/Comparative, 1980 - 2009