City Libraries, City of Gold Coast

Sexuality and transsexuality under the European Convention on Human Rights, a queer reading of human rights law, Damian A Gonzalez Salzberg

eng

no index present

non fiction

Sexuality and transsexuality under the European Convention on Human Rights

dictionaries

1096494396

Damian A Gonzalez Salzberg

a queer reading of human rights law

"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 of human rights as 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. And second, the book proposes that human rights law can actually benefit from a better understanding of queer critiques, since queer insights can help human rights to further approach its aim of universality. 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 the nuclear family, to later suggest possible paths to reconstruct such features in a queer(er) and more universal manner"--, Provided by publisher

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