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

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

Author: Damian A. Gonzalez-Salzberg
Publisher: Hart Publishing
ISBN: 9781509914937

Published In: February 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509945306

List Price: ¥20,298.85

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Description
Contents

Details

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 of human rights as 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. And second, the book proposes that human rights law can actually benefit from a better understanding of queer critiques, since queer insights can help human rights to further approach its aim of universality. 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 the nuclear family, to later suggest possible paths to reconstruct such features in a queer(er) and more universal manner.

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