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.
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;
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.