Human Rights Sexual Orientation And Gender Identity

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.

"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.

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.

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

This 44-page report demonstrates that many groups defending LGBT rights, especially throughout the global South, still have limited access to funding, and courageously face sometimes-murderous attacks without adequate support from a broader human rights community.

Finally—a comparative overview of sexuality and human rights issues and law! Human rights issues exist globally, particularly when they have to do with sexuality. Sexuality and Human Rights: A Global Overview focuses on the controversial issues of human sexuality and the legal challenges that LGBT individuals face. Internationally recognized legal experts thoroughly discuss the status of important human rights laws pertaining to sexuality from around the world. Reviewing the progression from historical foundations and shifting public opinions through the most recent landmark legal cases, this is an essential resource on the present state of human rights laws and sexuality. This unique, up-to-date examination of the legal issues involving LGBT individuals’ rights around the world reviews the latest rulings, such as the adoption of minors by homosexual or bisexual parents, the legal acceptance of marriage between same-sex couples, whether the gender-reassigned can be legally considered their true gender identity, and much, much more. Sexuality and Human Rights: A Global Overview illustrates the journey our worldwide legal systems have traveled, and the path stretching before them, until the destination of equality and acceptance in sexuality may finally be reached. Well-referenced, comprehensive, and yet accessible to the general reader, this book provides a crucial, provocative look at just what basic sexual human rights means in today’s laws. Some of the topics of Sexuality and Human Rights: A Global Overview include: perspectives and objectives to challenge discrimination sexuality and international human rights law sexuality and human rights in Australian law transsexuals issues in European human rights law sexual orientation and gender identity legal issues in North America the present state of sexuality and human rights in European law the Asian legal perspective on sexuality and human rights laws pertaining to sexual identity issues Sexuality and Human Rights: A Global Overview is a vital reference source for law educators, law students, gay rights activists, and law reformers.

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.