Category Archives: Allgemein

EU: Freedom of movement for all families

EU: Freedom of movement for all families

European Union citizens have the right to move and live freely across the EU. But this does not apply to many same-sex couples and rainbow families.

The President of the European Commission, Ursula von der Leyen, recently said she will push for recognition of rainbow families everywhere in the EU because “If you are a parent in one country, you are a parent in every country.”

Andreas, it’s time to dial up the pressure and tell the European Union to turn these words into action.

Sign now and demand that all families are treated equally everywhere in the European Union.

The image portrays a rainbow family and reads: If you are a parent in one country, you are a parent in every country. Sign now

Spain: Because of concealed homosexuality: Spaniard has to compensate ex-wife

Spain: Because of concealed homosexuality: Spaniard has to compensate ex-wife

A judgment triggers outrage in Spain. A man has to pay 3,000 euros for not telling his ex about his homosexual relationships.

Spain’s Minister for Gender Equality Mónica Oltra demands that the law be examined Photo: Bernat Armangue / ap

MADRID taz | Does a man have to tell his wife that he had homosexual relationships before marriage? A judge in the Spanish Mediterranean city of Valencia says: Yes. She sentenced the lawyer Javier Vilalta to 3,000 euros in compensation – 1,000 euros per year of marriage – to his ex-wife. She also annulled her marriage, which was divorced in 2011. The convicted person, who stated in the trial to be bisexual, wants to appeal against “the terrible verdict”. He never cheated on his wife and he married her out of love. “My wife knows I was totally straight during the marriage,” added Vilalta.

This is not enough for the judge. She sees “the deliberate concealment” of his past life by the convicted “fraud”. According to a law from 1889, the marriage was therefore invalid, she declared, against the criteria of the defense lawyers and the prosecution. The marriage had been divorced by mutual consent in 2011. Both remained friends, said the convict. He even introduced a male partner to his ex in 2016.

In 2019 the woman finally went to court on the advice of her friends to have the marriage declared “null and void”. In the lawsuit, the woman alleged, among other things, that she experienced “major social rejection” after the divorce.

The Spanish Association of Lesbians, Gays, Transgender and Bisexuals (FELGTB) speaks of a “reactionary judgment”. The “moral trial” is a “worrying precedent”. The judgment is directed against the basic constitutional rights. “The verdict is an indication to society that anyone who has a sex life outside the norm can come to court and be convicted,” explains FELGTB spokeswoman Uge Sangil.

The Minister of Equality demands that the law be examined

“Nobody should be forced to speak up about their sexual orientation,” complains the deputy head of government and minister for equality and inclusive politics of the Valencia region. Mónica Oltra, about the verdict. Oltra is demanding that the legislature review the 1889 law on which the judgment is based. After all, the concept of the “nullity” of a marriage comes from a time when divorce was impossible.

Cases such as Vilalta are almost non-existent in civil law. When marriages are declared “null”, this is done in Spain before church institutions. It is about couples who are so strictly religious that they do not want to get a civil divorce, as this makes another church wedding impossible.

Read: https://pledgetimes.com/because-of-concealed-homosexuality-spaniard-has-to-compensate-ex-wife/

Interesting Article: What Does it Mean to be a Woman in Sports? An Analysis of the Jurisprudence of the Court of Arbitration for Sport (free to read)

What Does it Mean to be a Woman in Sports? An Analysis of the Jurisprudence of the Court of Arbitration for Sport

Lena Holzer

Human Rights Law Review, Volume 20, Issue 3, September 2020, Pages 387–411, https://doi.org/10.1093/hrlr/ngaa020

Testosterongrenze für Frauen: "Lex Caster" lässt nur Semenya kalt -  Leichtathletik - derStandard.at › Sport

Published: 02 September 2020

This article explores the definition of ‘sportswoman’ as put forward in the Caster Semenya case (2019) and the Dutee Chand case (2015) before the Court of Arbitration for Sport (CAS). It analyses the structural and discursive factors that made it possible for the CAS to endorse a definition that reduces sex and gender to a matter concerning testosterone. By relying on the concept of intersectionality and analytical sensibilities from Critical Legal Studies, the article shows that framing the cases as a matter of scientific dispute, instead of as concerning human rights, significantly influenced the CAS decisions. Moreover, structural elements of international sports law, such as the lack of knowledge of human rights among CAS arbitrators and a history of institutionalising gendered and racialised body norms through sporting regulations, further aided the affirmation of the ‘testosterone rules’.

Peru: lawyers, academics and activists express “deep concern” as the Constitutional Court delays ruling on a case for equal marriage

Peru: lawyers, academics and activists express “deep concern” as the Constitutional Court delays ruling on a case for equal marriage

Over fifty lawyers, academics and activists sent a public letter to Peru’s Constitutional Court, expressing “deep concern” as the court has delayed  ruling on a marriage equality case for more than two years.

In June 2018, the court held a public hearing on Óscar Ugarteche’s case against the Registro Nacional de Identificación y Estado Civil (RENIEC). The plaintiff reported that RENIEC had rejected his request to recognise his marriage to a man, registered in Mexico – reportedly arguing that marriage was “between a man and a woman”. The Court was supposed to rule in 30 days, but a decision on the case has been pending since then.

Peru is bound by a 2018 decision of the Inter-American Court of Human Rights, which indicated that all couples must be guaranteed the same legal protections and rights – including the right to marriage.

“A favourable ruling could pave the way towards marriage equality, but still [the Court] hasn’t issued a decision,” Más Igualdad Peru wrote on social media. “The recognition of equal marriage in Peru is at stake!”

Read: https://ilga.org/lgbti-news-173-ilga-oct-2020#LAC

France presented on Wednesday 14 October the “National Action Plan for equal rights, against anti-LGBT+ hatred and discrimination 2020-2023”

La France a présenté mercredi 14 octobre le “Plan national d’actions pour l’égalité des droits, contre la haine et les discriminations anti-LGBT+ 2020-2023”

Lire: https://www.gouvernement.fr/plan-national-d-actions-pour-l-egalite-contre-la-haine-et-les-discriminations-anti-lgbt-2020-2023

Indian LGBT+ rights group launches landmark bid to ban conversion therapy after tragic death of bisexual woman

Indian LGBT+ rights group launches landmark bid to ban conversion therapy after tragic death of bisexual woman

Kerala

Following the suicide of a young bisexual woman in India, an LGBT+ rights group has filed a petition to the Kerala High Court seeking to ban the practice of conversion therapy.

Read: https://www.pinknews.co.uk/2020/10/12/kerala-india-conversion-therapy-ban-queerala/?utm_source=newsletter&utm_medium=email&utm_campaign=PNnewsletter