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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.
The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.
An updated edition of this measured, practical, and timely guide to LGBT rights and issues for educators and school officials With ongoing battles over transgender rights, bullying cases in the news almost daily, and marriage equality only recently the law of the land, the information in The Right to Be Out could not be more timely or welcome. In an updated second edition that explores the altered legal terrain of LGBT rights for students and educators, Stuart Biegel offers expert guidance on the most challenging concerns in this fraught context. Taking up the pertinent questions likely to arise regarding curriculum and pedagogy in the classroom, school sports, and transgender issues, Biegel reviews the dramatic legal developments of the past decades, identifies the principles at work, and analyzes the policy considerations that result from these changes. Central to his work is an understanding of the social, political, and personal tensions regarding the nature and extent of the right to be out, which includes both the First Amendment right to express an identity and the Fourteenth Amendment right to be treated equally. Acknowledging that LGBT issues affect people of every sexual orientation and gender identity, Biegel provides a road map of viable strategies for school officials and educators. The Right to Be Out, informed by the latest research-based findings, advances the proposition that a safe and supportive educational environment, built upon shared values and geared toward a greater appreciation of our pluralistic society, can lead to a better world for everyone.
"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.
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.
Homosexuality and the European Court of Human Rights is the first book-length study of the Court’s jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court’s interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a ‘living instrument’ to be interpreted ‘in the light of present-day conditions’ the Court’s judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court’s jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court’s interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.
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.
This book will introduce lawyers and their clients to the legal landscape as it relates to lesbian, gay and transgender persons today. This book provides the opportunity to look at legal issues from different perspectives. In addition to case law, statutes and a discussion of legal issues, this book also introduces the reader to people who make up the lesbian/gay/transgender community.
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