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European Journal of International Law 14(5): 1023-1044
Sexualities and the ECHR: Introducing the Universal Sexual Legal Subject2003 •
Shifting from an essentialist to a constructionist perspective on sexual identities, I move from a consideration of the homosexual legal subject, as presently treated under the European Convention on Human Rights, to the elaboration of a universal sexual legal subject. The universal sexual legal subject enjoys two basic rights: the right to choose sexual activity and sexual identity and the right to establish relationships and families in accordance with this choice. The possibility of including these two rights within the Convention presupposes their insertion into a set of sexually neutral standards which grant the universal sexual legal subject equality of choices. By examining the case law of the European Court and Commission of Human Rights on decriminalization of same-sex sexual activity, and family and relationship issues, I question the sexual particularity of the construction of the homosexual legal subject. This analysis of the case law provides the legal material and principles around which the insertion of the two sexual rights into the Convention is discussed. Both sexual rights are located within the right to respect for private and family life (Article 8). Equality of choices can only be guaranteed if the right to marry and found a family (Article12) is erased and marriage is ‘privatised’ into Article 8 on an equal footing with other sexual and relational choices.
2012 •
It is more and more difficult nowadays that the private life of a person to remain out of other people intervention and out of public visibility. In this context, the present paper is concentrated of a new criminalization included in The New Romanian Penal Code - article 226 from this law. It is about the violation to the right to private life which is for the first time incriminated by the Romanian Penal Code.
Constitutional Identity and European Union Axiology – Perspective of Central European States, ed. Grzegorz Pastuszko (Warsaw: Wydawnictwo Szkoly Wyzszej Wymiaru Sprawiedliwosci)
“The Family and Sexuality in European Axiological Conflict and the Rule of Law – Perspectives from Central Europe"2022 •
This Article analyses, through the lens of comparative law, the Oliari and others v. Italy judgment, which was issued by the European Court of Human Rights (ECtHR) in July 2015. The Oliari case is important for being the first judgment in which the ECtHR established the granting of legal " recognition and protection " to same-sex couples as a positive obligation for the Member States of the Council of Europe on the basis of Article 8 of the European Convention on Human Rights. In order to understand the role of judicial bodies in the progressive protection of homosexual rights, this Article combines an analysis of European case law with the national perspective. As it concerns the supranational facet, the authors illustrate Oliari's reasoning and situate the case in the jurisprudence of the ECtHR. Elements of both continuity and innovation emerge from the analysis, as well as a relevant dimension of judicial dialogue supporting the incremental recognition of gay rights in Europe. As it concerns the national facet, this specific case was initially dealt with at the domestic level and was the object of judgment 138/2010 by the Italian Constitutional Court. The judgment is critically put into perspective through the examination of the jurisprudence of other European Constitutional Courts (France, Portugal and Spain) that were called on to decide similar cases in the same period. Therefore, the Article offers a comparative analysis of the Oliari judgment clarifying its relevance and speculating on the potential value of this case for the future recognition of the right to a " gay " family life in Europe.
EJIL:Talk! the blog of the European Journal of International Law
The dilution of the family in human rights: Comments on Vallianatos and other ECHR cases on “family life”2014 •
In the decision of Vallianatos and others v. Greece (No. 29381/09 and 32684/09) delivered on 7th November 2013, the European Court of Human Rights considered that two adult men living separately should benefit from the protection granted to families in the particular case where they maintained a stable homosexual relationship. On this occasion the Court affirmed that, from now on, when a European State legislates as regards the family, it “in its choice of means…must necessarily take into account developments in society and changes in the perception of social and civil-status issues and relationships, including the fact that there is not just one way or one choice when it comes to leading one’s family or private life” (§ 84). The Court thus ensures that European States adapt their legislation to (its own perception of) the evolution of morals. This decision marks a new stage in the accelerated dissolution of the legal definition of the family which from a biological and institutional reality has become a concept which is flexible to the point of inconsistency.
Can Tho University Journal of Science
Dạy học mạch nội dung âm thanh trong môn Khoa học lớp 4 nhằm phát triển năng lực khoa học tự nhiên cho học sinh tiểu học2020 •
Dao Companion to Chinese Buddhist Philosophy
Introduction: Chinese Buddhist Philosophy and Its "Other"2019 •
*Identity, Politics and the Study of Islam: Current Dilemmas in the Study of Religions*
Identity Politics and Scholarship in the Study of Islamic Origins: The Inscriptions of the Dome of the Rock as a Test Case [2018] / Book Chapter2016 •
Skouteris, T. (2012), "Engaging History in International Law," in New Approaches to International Law: The European and American Experiences, (Jose Maria Beneyto & David Kennedy, Eds.), The Hague, Zuid Holland, The Netherlands: T.M.C. Asser Press, 99-121
Engaging History in International Law2012 •
… sobre el funcionamiento del mercado de …
Diferencias De Coste Laboral En La Industria: Un Modelo Empírico Y Su Aplicación a Las Manufacturas Españolas1995 •
American Heart Journal
The clinical significance of exercise-induced left ventricular wall motion abnormality occurring at a low heart rate1987 •
Caspian Journal of Neurological Sciences (CJNS)
Exploring the Quantum Connection: Can the Human Brain Transmit Information Faster Than Light2018 •
2020 •