Author Archives: Andreas R. Ziegler

Looking forward to teaching on 3 August again in person in the Summer School on Sexual Orientation and Gender Identity in International Law (The Hague and Amsterdam, 25 July – 4 August 2023) – you can still register! — Andreas R. Ziegler

Looking forward to teaching on 3 August again in person in the Summer School on Sexual Orientation and Gender Identity in International Law (The Hague and Amsterdam, 25 July – 4 August 2023) – you can still register! More information here: https://www.universiteitleiden.nl/en/education/study-programmes/summer-schools/sexual-orientation-and-gender-identity-in-international-law-human-rights-and-beyond

Looking forward to teaching on 3 August again in person in the Summer School on Sexual Orientation and Gender Identity in International Law (The Hague and Amsterdam, 25 July – 4 August 2023) – you can still register! — Andreas R. Ziegler

Cook Islands repeals decades-old law criminalizing sex between men

Cook Islands repeals decades-old law criminalizing sex between men

The Cook Islands has decriminalized homosexuality and strengthened its law against rape in a sign of progress for sexual minorities and women in socially conservative Pacific island countries.

More: https://www.benarnews.org/english/news/pacific/cook-islands-homosexuality-decriminalized-04182023000741.html

European Parliament adopts first ever standalone resolution on universal decriminalisation of homosexuality and trans identities

European Parliament adopts first ever standalone resolution on universal decriminalisation of homosexuality and trans identities

On 19 April, the European Parliament debated the universal decriminalisation of homosexuality and trans identities; the accompanying resolution on the matter was adopted today. The topic was elicited by the recent developments in Uganda concerning the ‘Anti-Homosexuality Bill’, which criminalises homosexuality and consensual same-sex relations[1].

The adoption of the resolution is a landmark moment for universal decriminalisation of homosexuality as outlined in the Articles 24-26[2]. It reinforces the EU’s promotion of universal human rights in foreign policy and ensures that external actions shall be taken to consolidate and support democracy, the rule of law, human rights and the principles of international law, as outlined in Article 21 TEU. Equally, it unequivocally opposes the use of death penalty or criminalisation based on sexual orientation or gender identity globally.

More: https://lgbti-ep.eu/2023/04/20/press-release-european-parliament-adopts-first-ever-standalone-resolution-on-universal-decriminalisation-of-homosexuality-and-trans-identities/

HRW applauds Africa commission resolution recognizing rights of intersex individuals

HRW applauds Africa commission resolution recognizing rights of intersex individuals

Lauren Ban | U. Pittsburgh School of Law, US

APRIL 8, 2023 09:51:15 PM

Human Rights Watch (HRW) Thursday applauded the passage of an African Commission on Human and Peoples’ Rights (ACHPR) resolution supporting the rights of intersex individuals. The resolution calls for the promotion and protection of intersex peoples, those “born naturally with a chromosomal abnormality and reproductive or sexual anatomy that does not appear to fit the typical definitions of female or male.”

Regarding the passage of the resolution, HRW said:

Human rights commissions have important roles to play in denouncing medically unnecessary nonconsensual surgeries on intersex children and discrimination against adults with variations in their sex characteristics. ACHPR joins national institutions in India and Australia, and an increasing number of governments around the world, in foregrounding protective measures for people born with bodies that are a little different, but perfectly deserving of equal dignity and autonomy.

The resolution pulled from the African Charter on Human and Peoples’ Rights to protect intersex individuals in Africa. The resolution called for African states to “promote and protect the rights of intersex persons on the continent” and to “stop non-consensual normalization practices on intersex persons.”

The resolution also drew parallels between normalization procedures on intersex people and genital mutilation. Normalization procedures are used to alter intersex individual’s anatomy so as to bring them within the gender binary–resulting in either solely female or solely male bodies. The resolution warned that the practice has the potential to cause intersex individuals “lifelong physical and psychological suffering, permanent sterility, incontinence, and loss of sexual pleasure.”

Looking forward, the resolution called upon African states to institute comprehensive education programs so as to end human rights violation against intersex people–such as infanticide and abandonment–and discrimination.

Approximately 1.7 percent of people worldwide are born with intersex traits, in which their sexual characteristics at birth do not fit into traditional, binary notions of male or female bodies. As stated in the resolution, the ACHPR now recognizes that “intersexuality is an inherent handicap at birth and that it should not be considered a taboo in all African societies.”

Source: https://www.jurist.org/news/2023/04/hrw-applauds-africa-commission-resolution-recognizing-rights-of-intersex-individuals/

Webinar Series on the Future of Cross-border Parenthood in the EU (May 2023) – Registrations Open

Webinar Series on the Future of Cross-border Parenthood in the EU (May 2023) – Registrations Open

As announced on this blog, a series of webinar has been organised under the title The Future of Cross-Border Parenthood in the EU – Analyzing the EU Parenthood Proposal to discuss the issues that surround the proposal of the European Commission for a Regulation dealing with the private international law of parenthood (COM (2022) 695 final).

Registrations are now open through the form available here.

Each webinar will start at 6 pm and end at 8 pm, and will focus on two topics, each presented by one expert, who will discuss the content of the proposal and examine the questions and possible improvement it raises. There will be ample room for discussion.

The programme of the series is as follows:

  • 3 May 2023, webinar chaired by Claire Fenton-Glynn: The EU Proposal on Parenthood: lessons from comparative and substantive law (Jens Scherpe), and What’s in it? Subject matter, scope and definitions (Cristina González Beilfuss)
  • 10 May 2023, webinar chaired by Fabienne Jault-Seseke: The EU Proposal and primary EU law: a match made in heaven? (Susanne Gössl), and The law governing parenthood: are you my father? (Tobías Helms)
  • 17 May 2023, webinar chaired by Nadia Rustinova: The mutual recognition of decisions under the EU Proposal: much ado about nothing? (Alina Ontanu), and Who decides on parenthood? The rules of jurisdiction (Maria Caterina Baruffi)
  • 24 May 2023, webinar chaired by Steven Heylen: Authentic documents and parenthood: between recognition and acceptance (Patrick Wautelet), and The European certificate of Parenthood: a passport for parents and children? (Ilaria Pretelli)

The series of webinars is organized by Cristina González Beilfuss (Universitat de Barcelona), Susanne Gössl (Universität Bonn), Ilaria Pretelli (Institut Suisse de Droit Comparé), Tobias Helms (Universität Marburg) and Patrick Wautelet (Université de Liège) under the auspices and with the support of EAPIL, the European Association of Private International Law.

Attendance is free, but prior registration is required.

Couple arrested for violating Russia’s ‘gay propaganda’ law

Couple arrested for violating Russia’s ‘gay propaganda’ law

Police in the Russian city of Kazan Wednesday arrested a publicly out gay couple, Haoyang Xu and Gela Gogishvili, for their alleged breach of the country’s “gay propaganda” law. According to a statement from their lawyer, the two men are accused of violating the propaganda law because of videos uploaded to the couple’s YouTube and TikTok accounts. The two men are particularly active on social media, where they amassed a large following by chronicling their experiences in Russia as a gay, non-Slavic couple.

Independent human rights monitor OVD-Info reported that a Russian criminal court charged the two men with violating Russia’s law prohibiting all public expressions of same sex attraction and relationships. The court claimed the couple violated the propaganda law by releasing videos where the two men can be seen touching each other. As a result of his violation, a Russian court ruled Thursday to deport Xu, a Chinese citizen, back to China. Meanwhile, Gogishvili, an ethnically Georgian citizen of Russia, was released from police custody but ordered to return to court later this month to defend himself against the charges.

Xu and Gogishvili started dating in 2021. According to an interview they gave in March to the U.S.-funded Radio Free Europe/Radio Liberty, they immediately experienced harassment after they began uploading videos documenting their experiences as a gay couple in Russia. Xu stated that many people in his life threatened to report him and Gogishvili to the Russian authorities, including one of his college professors. These threats came to fruition on Wednesday, when the couple was arrested in the Russian city of Kazan.

The “gay propaganda” law, first introduced in 2013, makes it a criminal act in Russia to publicly release material depicting same-sex relationships. The law was recently reformed to include harsher penalties, and expanded to prohibit any depiction of LGBTQ relationships or identities on all platforms, including social media accounts.

The post Couple arrested for violating Russia’s ‘gay propaganda’ law appeared first on JURIST – News.

USA: Biden administration’s new proposal prohibits schools from imposing bans on transgender athletes

USA: Biden administration’s new proposal prohibits schools from imposing bans on transgender athletes

he Biden administration Thursday released a proposed federal rule that would prohibit schools from “banning transgender students from participating on teams consistent with their gender identity.”

The proposed rule would change the Title IX Regulations regarding student participation in school athletics. The rule would address student eligibility in playing sports. Under the proposed rule, “policies [would] violate Title IX when they categorically ban transgender students from participating on sports teams consistent with their gender identity just because of who they are.”

The proposed rule would give schools the ability to “develop team eligibility criteria” that would promote objectives like “fairness in competition or preventing sports-related injury.” However, schools can not “adopt or apply one-size-fits-all” policies that would categorically ban transgender students from participating as the gender they identify with.

The public notice released by the US Department of Education states, “Participation in school athletics is an important component of education and provides valuable physical, social, academic, and mental health benefits to students. The proposed rule affirms that students benefit from the chance to join a school sports team to learn about teamwork, leadership, and physical fitness.”

In response to the proposal, US Secretary of Education Miguel Cardona stated:

Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination. Being on a sports team is an important part of the school experience for students of all ages. Beyond all the benefits to physical and mental health, playing on a team teaches students how to work hard, get along with others, believe in themselves, and build healthy habits that last a lifetime. Today’s proposed rule is designed to support Title IX’s protection for equal athletics opportunity. We welcome and encourage public comment on the proposed regulation and will continue working to ensure Title IX’s effective protection for all students.

The public will have 30 days to comment on the proposed rule.

The post Biden administration’s new proposal prohibits schools from imposing bans on transgender athletes appeared first on JURIST – News.