Category Archives: Allgemein

Gender-based persecution as a crime against humanity: A milestone for LGBTI rights before the Colombian Special Jurisdiction for Peace

Gender-based persecution as a crime against humanity: A milestone for LGBTI rights before the Colombian Special Jurisdiction for Peace

by Susann Aboueldahab (PhD Candidate and Research Assistant at the Department for Foreign and International Criminal Law and at the Study Center for Latin American Criminal and Criminal Procedural Law (CEDPAL) at the Georg-August-Universität Göttingen, Germany).

Photo by Brett Sayles on Pexels.com

On 14 April 2021 the Colombian Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, JEP) broke new ground: It accredited five LGBTI persons as victims of the Colombian armed conflict and resolved that their gender-based persecution might have amounted to a crime against humanity. The decision is pioneering for two reasons: First, the JEP declared its jurisdiction over this international crime for the first time. Second, the JEP resolved that gender-based persecution covers sexual orientation and gender identity, setting an important precedent for international criminal law.   

Read: https://www.ejiltalk.org/gender-based-persecution-as-a-crime-against-humanity-a-milestone-for-lgbti-rights-before-the-colombian-special-jurisdiction-for-peace/

The original decision can be fund here: https://embeber-pdf-arc.s3.amazonaws.com/AUTO+66-2021-1618627076168.pdf

Honoré d’avoir pu contribuer un préface à l’ ouvrage de Thierry Delessert sur l’histoire des homosexualités en Suisse — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler — Andreas R. Ziegler — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler

Parution d’un ouvrage de Thierry Delessert sur l’histoire des homosexualités en Suisse Link: https://www.seismoverlag.ch/en/daten/sortons-du-ghetto/ Parution d’un ouvrage de Thierry Delessert sur l’histoire des homosexualités en Suisse — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler Préface Cet ouvrage exploite plusieurs fonds d’archives et poursuit les analyses historiques d’une […] […]

Honoré d’avoir pu contribuer un préface à l’ ouvrage de Thierry Delessert sur l’histoire des homosexualités en Suisse — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler — Andreas R. Ziegler — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler

USA: Supreme Court rejects challenge to California’s state travel ban to Texas (due to the discrimination against same-sex couples in Texas)

USA: Supreme Court rejects challenge to California’s state travel ban to Texas (due to the discrimination against same-sex couples in Texas)

The US Supreme Court on Monday denied a complaint from the state Texas of alleging that the state of California “unconstitutionally discriminated against Texans,” following a ban on state-funded and state-sponsored travel to Texas (and other states).

The law prohibits California state agencies, departments, boards and commissions from requiring state employees from traveling to any state that, after June 26, 2015, had enacted a law that (1) voided/repleaded existing gender- and sexuality-based protections; (2) authorized discrimination against same-sex couples; or (3) created anti-discrimination exceptions.

Texas was one of 11 states subject to AB 1887’s travel prohibition. Alabama, Idaho, Mississippi, Tennessee and the Carolinas were among other states.

California added Texas to the list of travel-banned states following the passage of the Texas “Freedom to Serve Children Act,” which allows state-funded adoption agencies to reject families on religious grounds. Governor Greg Abbott approved the law in 2017.

Texas Attorney General Ken Paxton filed suit in February 2020, alleging that California imposed “economic sanctions” on Texas and other states that “respect religious freedom.” The complaint also argued that Califonia was “attempt[ing] to influence public policy in our state.”

The issue was whether California’s sanctions are “born of religious animus and violation the Constitution’s privileges and immunities clause, interstate commerce clause, and guarantee of equal protection.”

West Virginia, Kansas, Tennessee, and 16 other states filed a brief of amicus curiae, saying California’s travel ban “strikes at the heart of federalism.” They further argued that Texas is entitled to relief because California’s law “infringes on the dormant Commerce Clause and the First and Fourteenth Amendments.”

Justice Clarance Thomas joined in Justice Samuel Alito’s dissent from Monday’s decision not to hear the case. Alito argued that at a very minimum, the court “should note probable jurisdiction and receive briefing and argument on the question.”

The post US Supreme Court rejects challenge to California’s state travel ban to Texas appeared first on JURIST – News – Legal News & Commentary.

USA: Federal judge dismisses Connecticut lawsuit seeking to block transgender athletes from women’s sports

USA: Federal judge dismisses Connecticut lawsuit seeking to block transgender athletes from women’s sports

US District Judge Robert Chatigny dismissed a lawsuit Sunday challenging the participation of transgender athletes in girl’s high school sports.

The plaintiffs, four cisgender girls, brought the lawsuit against the Connecticut Interscholastic Athletic Conference (CIAC). The CIAC governs interscholastic athletic activities in Connecticut. In compliance with state law, they changed their policies to allow student-athletes to participate on sex-segregated teams based on their gender identity. In their suit, the plaintiffs alleged that the CIAC’s policy put them at a disadvantage and violated Title IX. Chatigny dismissed the case, finding it “not justiciable at this time.”

At the time the plaintiffs filed the lawsuit in 2019, two transgender girls were competing in girl’s track and field. Since they filed the suit, both transgender girls, Andraya Yearwood and Terry Miller, have graduated, as have two of the plaintiffs. The plaintiffs argued that the participation of the transgender girls denied them the chance to compete on a level playing field.

Chatigny found the case moot, as both transgender girls have graduated and the plaintiffs could not prove they would compete against other transgender girls, and that said girls would achieve times similar to those of Yearwood and Miller. As such, Chatigny found the plaintiffs lacked a legally cognizable injury, and speculative contingencies are not enough to avoid mootness.

However, Chatigny did state that if a transgender girl did register to compete in the fall, then the plaintiffs could refile their lawsuit. The Alliance Defending Freedom, a Christian law firm that represented the plaintiffs, has stated that they will appeal the decision.

The post Federal judge dismisses Connecticut lawsuit seeking to block transgender athletes from women’s sports appeared first on JURIST – News – Legal News & Commentary.

USA: Gay and trans panic defenses continue to be used in court cases in many US states

USA: Gay and trans panic defenses continue to be used in court cases in many US states

Gay and trans panic defenses first appeared in court cases in the 1960s and continue to be raised in criminal trials today. In these cases, defendants have argued that their violent behavior was a rational response to discovering by surprise that the victim was LGBTQ. Our new report examines current research on violence against LGBTQ people in the U.S. and the use of the gay and trans panic defenses over the last six decades. It also provides model language that states may use to ban the gay and trans panic defenses through legislation

Currently, 12 states and the District of Columbia have passed legislation eliminating the use of gay and trans panic defenses, but the defenses remain available in most states.
Read the Report

Challenges and Support to Human Rights Defenders in Times of Pandemic 5 May 2021 | 4 – 5 p.m. CET – online

Challenges and Support to Human Rights Defenders in Times of Pandemic 5 May 2021 | 4 – 5 p.m. CET – online

Kindly Invite You to a Webinar on Challenges and Support to Human Rights Defenders in Times of Pandemic 5 May 2021 | 4 – 5 p.m. CET
Last year, in every region, human rights defenders have faced increased intimidation and attacks, while civic space has continued to erode in many parts of the world. Risks have worsened for human rights defenders as the COVID-19 pandemic broke into the daily lives of communities and determined the political agenda at the national and international levels. In this context, ProtectDefenders.eu has continued to offer life-saving support to hundreds of human rights defenders, their families, and their communities, and enabled thousands of them to continue their human rights work with a higher level of security.

In this webinar, Laura Battistin, Head of Secretariat of ProtectDefenders.eu, will explore the challenges faced by human rights defenders on a daily basis and some of the support provided by international organisations, including partners of ProtectDefenders.eu. A Q&A with the audience will follow the presentation. About the Speaker

Laura Battistin is the Head of Secretariat of ProtectDefenders.eu, the EU Human Rights Defenders mechanism. It was established in 2015 to protect human rights defenders at high risk and facing the most difficult situations worldwide. Laura has twelve years of experience working with international organisations in the field of human rights and labour rights. For seven years she worked in China, where she collaborated with human rights defenders and local NGOs on several programmes. Register Now The event is co-organized by the Working Group on Human Rights and Sustainable Development of the Global Forum for Law, Justice and Development and the Policy Research Group on a Human Rights Based Approach to Development.

 
The Working Group is coordinated by the French Ministry for Europe and Foreign Affairs, the Leuven Centre for Global Governance Studies (University of Leuven), the World Bank Human Rights, Inclusion and Empowerment Umbrella Program, and the World Bank Legal Vice Presidency. The Working Group seeks to explore the legal, policy and operational links between human rights and sustainable development.
 
The Policy Supporting Research (PSR) Group, a consortium of Belgian Universities, aims to provide science-based policy support to the department on development cooperation of the Belgian Ministry of Foreign Affairs with regard to human rights and development cooperation. The PSR Group is supported by ARES-CCD, Académie de Recherche et D’Enseignement Supérieur-Commission de la coopération au développement.  

Swiss Foreign Ministry drops Läderach (whose chief executive is an evangelical Christian and opposes same-sex marriage and a woman’s right to have an abortion) and other controversial sponsors — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler

Swiss Foreign Ministry drops Läderach (whose chief executive is an evangelical Christian and opposes same-sex marriage and a woman’s right to have an abortion) and other controversial sponsors

Read: https://www.swissinfo.ch/eng/business/foreign-ministry-drops-glencore-and-other-controversial-sponsors/46564256?linkType=guid&utm_campaign=swi-rss&utm_source=multiple&utm_medium=rss&utm_content=o

Swiss Foreign Ministry drops Läderach (whose chief executive is an evangelical Christian and opposes same-sex marriage and a woman’s right to have an abortion) and other controversial sponsors — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler

Greece: Transposition of Directive (EU) 2010/13 on the provision of audio-visual media services (which includes television, internet, music songs etc.(‘Prohibition of incitement to violence or hatred’)

Greece: Transposition of Directive (EU) 2010/13 on the provision of audio-visual media services (which includes television, internet, music songs etc.(‘Prohibition of incitement to violence or hatred’)

Photo by Erik Mclean on Pexels.com

On 19 February 2021, the Greek Parliament voted Law 4779/2021,1 which in Article 8, under the title ‘Prohibition of incitement to violence or hatred’, transposed Article 6 of Directive (EU) 2010/13 that concerned provision of audio-visual media services (including television, internet, music songs etc.).


According to the relevant provision that was finally voted, ‘audiovisual services must not
incite violence or hatred against a group of people or members of a group determined on the basis of race, colour, national or ethnic origin, pedigree, religion, disability, sexual orientation, identity or gender characteristics’.

Read: https://www.equalitylaw.eu/downloads/5380-greece-transposition-of-directive-eu-2010-13-on-the-provision-of-audio-visual-media-services-which-includes-television-internet-music-songs-etc-128-kb