Homosexuality and the European Court of Human Rights

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Synopsis
Homosexuality and the European Court of Human Rights　is the first book-length study of the Court’s jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court’s interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a ‘living instrument’ to be interpreted ‘in the light of present-day conditions’ the Court’s judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court’s jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court’s interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.
Copyright:
2013

Book Details

Book Quality:
Publisher Quality
Book Size:
272 Pages
ISBN-13:
9781136218965
Related ISBNs:
9780415632638, 9780415696579, 9780203096581
Publisher:
Taylor and Francis
Date of Addition:
Copyrighted By:
Paul Johnson
Adult content:
No
Language:
English
Has Image Descriptions:
No
Categories:
Nonfiction, Gay, Lesbian, Bisexual and Transgender, Social Studies, Law, Legal Issues and Ethics
Submitted By:
Bookshare Staff
Usage Restrictions:
This is a copyrighted book.

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