Homosexuality and the European Court of Human Rights
- Johnson, Paul (Paul James)
- Milton Park, Abingdon, Oxon ; New York : Routledge, c2013.
- Physical description
- xviii, 251 p. : ill. ; 25 cm.
KJC5144 .G39 J64 2013
- Unknown KJC5144 .G39 J64 2013
- Includes bibliographical references (p. -223) and index.
- Emerging voices : homosexuality and the Commission, 1955-1980
- An ontological struggle : the court and the homosexual since 1981
- Homosexuality in the judicial laboratory : instruments, interpretations, and evolutions
- "An essentially private manifestation of the human personality" : the limitations of Article 8
- The anti-discrimination provisions of the Convention : Article 14 and Protocol 12
- A right to marriage? : same-sex relationships and Article 12
- Expression, assembly, and association : Articles 10 and 11
- Humiliation and debasement : degrading treatment and Article 3
- Publisher's Summary
- 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.
(source: Nielsen Book Data)
- Homosexuality > Law and legislation > Europe > History.
- Gays > Legal status, laws, etc. > Europe > History.
- Homophobia > Law and legislation > Europe > History.
- Convention for the Protection of Human Rights and Fundamental Freedoms (1950)
- European Court of Human Rights.
- Human rights > Europe.
- Homosexuality > Law and legislation > Europe > Cases.
- Publication date
- Paul Johnson.
- Title Variation
- Homosexuality and the ECtHR
- "A GlassHouse book."