LGBTQ+ Human Rights in the U.S. and Internationally: A Talk with Victor Madrigal-Borloz
This resource guide was developed for USD Law's Perspectives on Justice, Equity, and the Law speaker series highlighting Victor Madrigal-Borloz, United Nations Independent Expert on Sexual Orientation and Gender Identity.
The Global Encyclopedia of Lesbian, Gay, Bisexual, and Transgender History provides a global view of the history of LGBTQ, covering significant figures and events worldwide. Wide-ranging in scope, this encyclopedia complements courses in a variety of disciplines, including history, American studies, literature, psychology, sociology and others.
The fourth edition is a comprehensive collection of jurisprudence, general comments, concluding observations, and reports from human rights treaty bodies and independent experts (also known as Special Procedures) of the UN Charter-based system. In addition, it includes speeches and press releases from the Office of the High Commissioner for Human Rights; the Joint Statement on Human Rights, Sexual Orientation and Gender Identity, signed by 66 States and presented to the General Assembly in December 2008; and excerpts from the UNHCR Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity. This UN compilation covers the time period January 2007 through March 2010.
This book advances a broad constellation of critical concepts situated within the field of queer studies and education. Collectively, the concepts take up a cross-section of scholarship that speaks to various political, epistemological, theoretical, methodological, and pedagogical concerns. Given the ongoing global centrality of sociocultural and political developments related to the topic of LGBTQ in the twenty-first century, the concepts in this volume and the issues raised by each contributor will have wide international appeal among researchers, scholars, educators, students, and activists working at the intersection of queer studies and education.
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.
While homophobia is commonly characterized as individual and personal prejudice, this collection of essays instead explores homophobia as a transnational political phenomenon. Editors Meredith L. Weiss and Michael J. Bosia 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 variety of national contexts. The essays cover a broad range of geographic cases, including France, Ecuador, Iran, Lebanon, Poland, Singapore, and the United States. Combining rich empirical analysis with theoretical synthesis, these studies examine how homophobia travels across complex and ambiguous transnational networks, how it achieves and exerts decisive power, and how it shapes the collective identities and strategies of those groups it targets. The first comparative volume to focus specifically on the global diffusion of homophobia and its implications for an emerging worldwide LGBT movement, Global Homophobia opens new avenues of debate and dialogue for scholars, students, and activists. Contributors are Mark Blasius, Michael J. Bosia, David K. Johnson, Kapya J. Kaoma, Christine (Cricket) Keating, Katarzyna Korycki, Amy Lind, Abouzar Nasirzadeh, Conor O'Dwyer, Meredith L. Weiss, and Sami Zeidan.
This edition contains excerpts of the authoritative findings, jurisprudence and commentary of treaty bodies, special procedures of the former Commission on Human Rights, the Sub-Commission on the Promotion and Protection of Human Rights, the Office of the High Commissioner for Human Rights and the Office of the High Commissioner for Refugees, with explicit reference to sexual orientation.
Contemporary scholars have begun to explore non-normative sexual orientation, gender identity, and gender expression in a growing victimization literature, but very little research is focused on LGBTQ communities' patterns of offending (beyond sex work) and their experiences with police, the courts, and correctional institutions. This Handbook, the first of its kind in Criminology and Criminal Justice, will break new ground by presenting a thorough treatment of all of these under-explored issues in one interdisciplinary volume that features current empirical work.
Queer Theory: Law, Culture, Empire uses queer theory to examine the complex interactions of law, culture, and empire. Building on recent work on empire, and taking contextual, socio-legal, comparative, and interdisciplinary approaches, it studies how activists and scholars engaged in queer theory projects can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The authors - from five continents - delve into examples drawn from Bollywood cinema to California's 2008 marriage referendum. The chapters view a wide range of texts - from cultural productions to laws and judgments - as regulatory forces requiring scrutiny from outside Western, heterosexual privilege. This innovative collection goes beyond earlier queer legal work, engaging with recent developments, featuring case studies from India, South Africa, the US, Australasia, Eastern Europe, and embracing the frames offered by different disciplinary lenses. Queer Theory: Law, Culture, Empire will be of particular interest to students and researchers in the fields of socio-legal studies, comparative law, law and gender/sexuality, and law and culture.
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.
This ethnography explores what transnational LGBT human rights advocates actually do on a day-to-day basis. Drawing on thirteen months of field research at the International Gay and Lesbian Human Rights Commission (IGLHRC), the book explores how the first transnational LGBT human rights NGO formed and evolved, who is engaged in this work, how they conceptualise LGBT human rights, what they do to promote LGBT human rights transnationally, and how they have institutionalised their views at the UN and elsewhere
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.
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
This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy - notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.
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.
Throughout US history, lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have been pathologized, victimized, and criminalized. Reports of lynching, burning, or murdering of LGBTQ people have been documented for centuries. Prior to the 1970s, LGBTQ people were deemed as having psychological disorders and subsequently subject to electroshock therapy and other ineffective and cruel treatments. LGBTQ people have historically been arrested or imprisoned for crimes like sodomy, cross-dressing, and gathering in public spaces. And while there have been many strides to advocate for LGBTQ rights in contemporary times, there are still many ways that the criminal justice system works against LGBTQ and their lives, liberties, and freedoms.Queering Law and Order: LGBTQ Communities and the Criminal Justice System examines the state of LGBTQ people within the criminal justice system. Intertwining legal cases, academic research, and popular media, Nadal reviews a wide range of issues--ranging from historical heterosexist and transphobic legislation to police brutality to the prison industrial complex to family law. Grounded in Queer Theory and intersectional lenses, each chapter provides recommendations for queering and disrupting the justice system. This book serves as both an academic resource and a call to action for readers who are interested in advocating for LGBTQ rights.
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.
The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.
This book explores the international legal framework governing the crime and human rights violation of enforced disappearance. It includes a thorough analysis and comparison of the existing international human rights case law and an assessment of the rules of international humanitarian law and international criminal law applicable to enforced disappearance. The study includes a meticulous review, comparison, and analysis of the case law of international criminal tribunals, the Human Rights Committee, the Inter-American and European Courts of Human Rights, and the African Commission on Human and People's Rights. It contains a comparison of the jurisprudence on cases of enforced disappearance with regard to the different aspects of: the right to liberty and security, the right to life, the prohibition of torture, the right to be recognized as a person before the law, the right to the truth, and the right to privacy and family life. In addition, the book reviews the rules that apply to enforced disappearance under international humanitarian law and determines the principles applicable for individual responsibility for the crime of enforced disappearance under international criminal law. On the basis of this analysis, the author interprets and evaluates the provisions of the International Convention for the Protection of all Persons from Enforced Disappearance in the international legal framework. The book provides a useful tool for the interpretation of the International Convention, identifies the gaps and inconsistencies contained in the text of the Convention, and suggests possible solutions. In addition, it explores how the entering into force of the International Convention may affect the case law of the existing international judicial bodies. This comprehensive and multi-disciplinary description of the current international legal framework and its influence on the International Convention is likely to become a standard work as it closes a gap in existing legal literature.
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.
This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. These disputes are often high-profile and frequently receive a lot of media attention and public debate. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada, and the USA and examines four main areas of law, considering how a proportionality approach could be used in each. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.