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OverviewThis 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 DetailsAuthor: Dr Damian A Gonzalez SalzbergPublisher: Bloomsbury Publishing PLC Imprint: Hart Publishing Weight: 0.526kg ISBN: 9781509914937ISBN 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: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of Contents1. 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. ConclusionReviewsA valuable contribution to the literature on the Court's heteronormativity. Furthermore, the book is a functional introduction for readers interested in familiarising themselves with queer theoretical critiques and becoming familiar with the ECtHR's ever-growing body of case law concerning sexualities. -- Juho Aalto, University of Turku * Nordic Journal of Human Rights * Author InformationDamian A Gonzalez-Salzberg is a Lecturer in Law at the University of Sheffield. Tab Content 6Author Website:Countries AvailableAll regions |
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