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This book is the first to examine sexual orientation from the viewpoint of international human rights law. It does not simply `create' a platform of rights and argue for their `introduction' in human rights law. Rather, it examines how extant international norms should be construed to include rights against discrimination on the basis of sexual orientation, including rights of privacy, equality, speech, expression, and association. It raises questions of cultural relativism, religious faith, social science, and legal theory. It will be of interest to international jurists, human rights organizations, gay rights organizations, constitutional scholars, and anyone interested in expanding the role of international human rights law as a formidable adversary of persecution and discrimination throughout the world.
"Human rights in relation to sexual orientation and gender identity are at last reaching the heart of global debates. Yet 78 states worldwide continue to criminalise same-sex sexual behaviour, and due to the legal legacies of the British Empire, 42 of these - more than half - are in the Commonwealth of Nations. In recent years many states have seen the emergence of new sexual nationalisms, leading to increased enforcement of colonial sodomy laws against men, new criminalisations of sex between women and discrimination against transgender people. [This book] challenges these developments as the first book to focus on experiences of lesbian, gay, bisexual, transgender and intersex (LGBTI) and all non-heterosexual people in the Commonwealth. The volume offers the most internationally extensive analysis to date of the global struggle for decriminalisation of same-sex sexual behaviour and relationships."--Abstract, website.
4 Reply to Thomas: Michael E. Levin
"Prepared for the United Nations Fourth World Conference on Women"--Page [iv] of cover.
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 main theme of this book. Demonstrating how the legal gender assigned at birth impacts on feelings of recognition, self-confidence and self-respect in the private, social, and legal spheres.
In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination.
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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.
Offers a complete empirical account of US government programs, policies, and interventions outside the United States on behalf of the human rights of LGBTQ people. 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. “Thorough and thought-provoking In Because We Are Human, Cynthia Burack’s insights help to shape a smart, comprehensive picture of US involvement in the global fight for LGBTQ rights.” — Foreword Reviews
The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.