How human rights principles, like the right to gender identity, freedom, integrity and equality, respond to the concerns of different groups of adults and children who experience gender harm due to the binary conception of sexuality and gender identity is the overall theme of this book. The Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity are analysed in the light of the dynamic jurisprudence of different human rights treaty bodies. Whether and how the status quo of gender duality is reproduced, in spite of international law’s growing recognition of the multiplicity of sexualities and gender identities, is discussed. How transgender men, in countries that permit legal gender change, have been successfully prosecuted for gender fraud by female partners claiming to be unaware of their gender history is given attention. While human rights discourse related to LGBTI persons so far has been moulded on the experiences of adults this book gives voice to the concerns of gender-non confirming children. The jurisprudence of the Child Rights Committee, with focus on the complex social and legal issues faced by gender non-confirming children, is addressed. Through narratives, that give voice to these children’s experiences, the book demonstrates how the legal gender assigned at birth impacts on their feeling of recognition, self-confidence and self-respect in the private, social, and legal spheres. This book was previously published as a special issue of the Nordic Journal of Human Rights.
Table of Contents
1. Human Rights, Sexual Orientation, and Gender Identity
2. The Yogyakarta Principles at Ten
3. Queering Gender [Identity] in International Law
4. Enhancing LGBTI Rights by Changing the Interpretation of the Convention on the Elimination of All Forms of Discrimination Against Women?
Rikki Holtmaat and Paul Post
5. The Rights of LGBTI Children under the Convention on the Rights of the Child
6. Legal Gender Meets Reality: A Socio-Legal Children’s Perspective
7. Sexual Intimacy, Gender Variance, and Criminal law
Anne Hellum is professor at the Department of Public and International Law in Oslo. Areas of teaching and research are women’s law, equality and anti-discrimination law, human rights law, law and development and sociology/anthropology of law. She is co-editor of Human Rights of Women: CEDAW in International, Regional and National Law (2014).