Sexuality and Transsexuality Under the European Convention on Human Rights: A Queer Reading of Human Rights Law

Author:   Damian A Gonzalez Salzberg
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781509914937


Pages:   248
Publication Date:   07 February 2019
Format:   Hardback
Availability:   In Print   Availability explained
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Sexuality and Transsexuality Under the European Convention on Human Rights: A Queer Reading of Human Rights Law


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Overview

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 that is 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. Second, the book proposes that human rights law can actually benefit from a better understanding of queer critiques, since queer insights can help it to overcome heteronormative beliefs currently held. 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 kinship, to later suggest potential paths to reconstruct such features in a queer(er) and more universal manner.

Full Product Details

Author:   Damian A Gonzalez Salzberg
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.508kg
ISBN:  

9781509914937


ISBN 10:   1509914935
Pages:   248
Publication Date:   07 February 2019
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

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 7. Conclusion

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Author Information

Damian A Gonzalez-Salzberg is a Lecturer in Law at the University of Sheffield.

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