Sexual Orientation, Gender Identity and International Human Rights Law: Common Law Perspectives, 1st Edition (Hardback) book cover

Sexual Orientation, Gender Identity and International Human Rights Law

Common Law Perspectives, 1st Edition

By Kerry O'Halloran

Routledge

336 pages

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Hardback: 9781138337060
pub: 2019-11-14
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Description

This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements, and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs, before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including rights to identity, to form a family, to privacy, to equality and non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approach adopted in those common law jurisdictions as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.

Table of Contents

Part 1: Background;

Chapter 1 – Sexuality and Gender: the Traditional Legal Definitions;

Chapter 2 – Human Rights, Sexuality and Gender: Contemporary Interpretations;

Chapter 3 – The International Legal Framework and Intersect Themes: Human Rights,

Sexuality and Gender;

Part II: Law, Policy & Practice;

Chapter 4 – England & Wales;

Chapter 5 – Ireland;

Chapter 6 – USA;

Chapter 7 – Canada;

Chapter 8 – Australia;

Chapter 9 – New Zealand;

Part III: Evaluation;

Chapter 10 – Themes of Commonality and Difference;

Conclusion;

About the Author

Kerry O'Halloran is a lawyer, social worker and academic who for the past 13 years has been Adjunct Professor at Queensland University of Technology, Australia.

About the Series

Human Rights and International Law

This series explores human right law's place within the international legal order, offering much-needed interdisciplinary and global perspectives on human rights' increasingly central role in the development and implementation of international law and policy.

Human Rights and International Law is committed to providing critical and contextual accounts of human rights' relationship with international law theory and practice. To achieve this, volumes in the series will focus on major debates in the field, looking at how human rights impacts on areas as diverse and divisive as security, terrorism, climate change, refugee law, migration, bioethics, natural resources and international trade.

Exploring the interaction, interrelationship and potential conflicts between human rights and other branches of international law, books in the series will address both historical development and contemporary contexts, before outlining the most urgent questions facing scholars and policy makers today.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW001000
LAW / Administrative Law & Regulatory Practice
LAW013000
LAW / Civil Rights
LAW016000
LAW / Comparative
LAW018000
LAW / Constitutional
LAW038000
LAW / Family Law / General
LAW043000
LAW / Gender & the Law
LAW051000
LAW / International
LAW054000
LAW / Labor & Employment
LAW094000
LAW / Discrimination
LAW103000
LAW / Common
SOC028000
SOCIAL SCIENCE / Women's Studies
SOC032000
SOCIAL SCIENCE / Gender Studies