Same Sex Couples Before National Supranational And International Jurisdictions
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| Author | : Daniele Gallo |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 581 |
| Release | : 2013-12-02 |
| Genre | : Law |
| ISBN | : 3642354343 |
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.
| Author | : Barbara Stark |
| Publisher | : Routledge |
| Total Pages | : 422 |
| Release | : 2019-01-30 |
| Genre | : Law |
| ISBN | : 1317043111 |
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.
| Author | : Niels M. Blokker |
| Publisher | : BRILL |
| Total Pages | : 494 |
| Release | : 2021-07-19 |
| Genre | : Law |
| ISBN | : 9004459898 |
This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.
| Author | : Marla Brettschneider |
| Publisher | : NYU Press |
| Total Pages | : 634 |
| Release | : 2017-09-19 |
| Genre | : Political Science |
| ISBN | : 1479893870 |
"From Harvey Milk to Barney Frank, and from ACT UP to Proposition 8, in the past few decades, no political change has been more significant than the civil rights advancements of LGBTQ citizens. LGBTQ Politics is the first authoritative reader to approach the complexity of queer politics from a political science persective, bringing together original contributions from leadings scholars in the field on key issues in LGBTQ politics. These original essays cover a wide range of essential topics, including marriage equality, transgender discrimination, gay and lesbian political candidates, LGBTQ human rights advocacy, HIV prevention, and LGBTQ movements of the Global South. The volume also includes a number of critical essays that reflect upon the state of political science as a discipline that has struggled to address queer politics. Contributors draw from a variety of subfields in political science, including comparative politics, political theory, American politics, public law, and international relations. Essays that focus on mainstream institutional politics appear alongside contributions grounded in grassroots movements and critical theory. While some essays express concerns that the democratic basis of the LGBTQ movement has been undermined, others celebrate the movement's successes and offer visions for the future. A comprehensive, thought-provoking, and authoritative collection, LGBTQ Politics: A Critical Reader is required reading for anyone looking to learn about the politics of sexuality"--Back cover.
| Author | : Frances Hamilton |
| Publisher | : Routledge |
| Total Pages | : 295 |
| Release | : 2020-01-15 |
| Genre | : Law |
| ISBN | : 0429664443 |
This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.
| Author | : Angioletta Sperti |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 249 |
| Release | : 2017-05-04 |
| Genre | : Law |
| ISBN | : 178225644X |
In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.
| Author | : Giulia Dondoli |
| Publisher | : Routledge |
| Total Pages | : 216 |
| Release | : 2019-01-25 |
| Genre | : Law |
| ISBN | : 0429760353 |
This book asks the fundamental question of how new human rights issues emerge in the human rights debate. To answer this, the book focuses on nongovernmental organizations (NGOs) and on the case study of LGBTI (lesbian, gay, bisexual, transgender and intersex) rights. The work argues that the way in which NGOs decide their advocacy, conceptualise human rights violations and strategically present legal analysis to advance LGBTI human rights shapes the human rights debate. To demonstrate this, the book analyses three data sets: NGO written statements submitted to the United Nations Human Rights Council, NGO oral statements delivered during the Universal Periodic Review and 36 semi-structured interviews with NGO staff. Data are analysed with a combination of quantitative and qualitative approaches to discover what issues are most important for LGBTI networks (issue emergence) and how these issues are framed (issue framing). Along with NGO efficiency in lobbying for the emergence of new human rights standards, the book inevitably discusses important questions related to NGOs’ accountability and democratic legitimacy. The book thus asks whether the right to marry is important for LGBTI advocates working transnationally, because this right is particularly controversial among activists and LGBTI communities, especially in non-Western contexts.
| Author | : Lynsey Black |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 426 |
| Release | : 2019-02-21 |
| Genre | : Law |
| ISBN | : 1509917233 |
Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.
| Author | : Amrei Müller |
| Publisher | : Cambridge University Press |
| Total Pages | : 641 |
| Release | : 2017-05-25 |
| Genre | : Political Science |
| ISBN | : 131680254X |
This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia. The text is complemented by studies on specific subject matters such as LGTBI people's and asylum seekers' rights that further contribute to a better understanding of factors that stimulate or hold back judicial dialogue, and by first hand insights of domestic and European Court of Human Rights judges into their courts' involvement in judicial dialogue. The book features contributions from leading scholars and judges, whose combined perspectives provide an interesting and timely study.
| Author | : Symeon C. Symeonides |
| Publisher | : BRILL |
| Total Pages | : 502 |
| Release | : 2021-11-08 |
| Genre | : Law |
| ISBN | : 9004503919 |
This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.
