Category Archives: Allgemein

ECtHR: Russia failed to justify the lack of any opportunity for same-sex couples to have their relationship formally acknowledged

ECtHR: Russia failed to justify the lack of any opportunity for same-sex couples to have their relationship formally acknowledged

Image
Image
13.07.2021 Judgments of 13 July 2021
The European Court of Human Rights has today notified in writing 20 judgments. (link) Russia failed to justify the lack of any opportunity for same-sex couples to have their relationship formally acknowledged
Fedotova and Others v. Russia  
The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights

In today’s Chamber judgment in the case of Fedotova and Others v. Russia (applications nos. 40792/10, 30538/14 and 43439/14) the European Court of Human Rights held, unanimously, that there had been:
a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights


The case concerned the refusal to register the notice of marriage of the applicants, who are samesex couples. The Court found that Russia had an obligation to ensure respect for the applicants’ private and family life by providing a legal framework allowing them to have their relationships acknowledged and protected under domestic law. The lack of any opportunity for same-sex couples to have their relationships formally acknowledged created a conflict between the social reality of the applicants
and the law. The Court dismissed the Government’s argument that the interests of the community as a whole could justify the lack of opportunity for same-sex couples to formalise their relationships. It concluded that, in denying access to formal acknowledgment of their status for same-sex couples,the Russian authorities had gone beyond the discretion (margin of appreciation) enjoyed by them. The Court stated that the choice of the most appropriate form of registration of same-sex unions
remained at the discretion of the respondent State.

Fellowship: PhD Studentship – The Spatial and Affective Dimensions of Litigating LGBTQI Rights

Fellowship: PhD Studentship – The Spatial and Affective Dimensions of Litigating LGBTQI Rights

Manchester Metropolitan University

Qualification Type:PhD
Location:Manchester
Funding for:UK Students, EU Students, International Students
Funding amount:Not Specified
Hours:Full Time, Part Time
Placed On:9th July 2021
Closes:30th July 2021

Project contact:

Dr Kay Lalor, k.lalor@mmu.ac.uk

Funding info: 

This opportunity is open to UK, EU and overseas applicants, and includes funding for the equivalent of UK fees (£4500 for 2021/22), plus a stipend in line with UKRI rates (£15,609 for 2021/2022).

Mode of study:

Full-time (3 years) or part-time (6 years)

Eligibility: 

UK / EU / International

Key dates:        

30 July 2021 (deadline to apply)

16 August 2021 (shortlisted applicants notified)

w/c 6 September 2021 (interviews)

Advert text:

While the earliest international legal protections for LGBTQI minorities relied heavily on the protection of privacy and autonomy, recent international jurisprudence is much more diverse, encompassing protection from torture, freedom of expression and assembly, immigration rights and even the right to participate in sport. Equally, even modest international legal gains have faced fierce backlash, which is often also framed through the lens of rights protections.

Wider international LGBTQI rights politics is underpinned by affect (emotion, belonging, narratives of self and community) and space (global north/global south, the ongoing effects of colonial laws, access to specific spaces, protest and public expressions of identity). These affective and spatial dimensions also manifest within international legal decisions and judgments.

The project will draw upon legal and socio-legal methods to assess the affective and spatial dimensions of LGBTQI decisions and judgments in international courts and human rights bodies. Through analysis of case law and qualitative empirical research the project aims to reach a holistic understanding of how LGBTQI issues and debates are articulated through international law and within international human rights bodies.

This project draws on the expertise of the Law School and its members of the Sylvia Pankhurst Gender and Diversity Research Centre. It continues the Law School’s extensive research in the field of equalities law and human rights, with a particular focus on the international dimensions of rights protections.

Aim: To develop a theoretical framework supported by empirical evidence to advance understandings of how the mobilization of affect and space within international LGBTQI rights cases affect the material conditions, community relations, identities and activist practices of LGBTQI groups in different locations.

Objectives:

  • To develop a systematic overview of the issues that have been litigated by pro or anti- LGBTQI groups in international bodies
  • To analyse the patterns of judicial production of affect and space in international bodies in LGBTQI litigation.
  • To develop novel theoretical frameworks for capturing the role(s) played by affect and space in international LGBTQI rights politics as found within international judgments and in wider LGBTQI litigation strategies.
  • To empirically explore how activists and/or decision-makers engage with the affective and spatial dimensions of LGBTQI rights in their work at or with international bodies.

Eligibility:

Applicants should have an honours degree (2:1 or above) and a relevant Master’s degree, or equivalent qualifications or experience.

Eligible disciplines: Law, human rights, LGBT rights

Funding

This opportunity is open to UK, EU and overseas applicants, and includes funding for the equivalent of UK fees (£4500 for 2021/22), plus a stipend in line with UKRI rates (£15,609 for 2021/2022).

How to apply

Further information on this opportunity is available at https://www.mmu.ac.uk/research/research-study/scholarships/detail/gsbl-kl-2021-litigating-lgbtqi-rights.php

For an informal discussion, please contact Dr Kay Lalor at k.lalor@mmu.ac.uk

Germany – Husum Labour Court: Gender star is not intersex-discrimination

Deutschland – Arbeitsgericht Husum: Gendersternchen ist keine Inter-Diskriminierung

Eine intergeschlechtliche Person fühlte sich wegen des Gendersternchens in einer Stellenausschreibung diskriminiert. Die Klage blieb erfolglos.

Read: https://www.queer.de/detail.php?article_id=39430

Judgment: https://www.gesetze-rechtsprechung.sh.juris.de/jportal/portal/t/c3b/page/bsshoprod.psml?pid=Dokumentanzeige&showdoccase=1&js_peid=Trefferliste&documentnumber=1&numberofresults=1&fromdoctodoc=yes&doc.id=JURE210010947&doc.part=L&doc.price=0.0#focuspoint

’Observatoire mondial pour les femmes, le sport, l’éducation physique et l’activité physique s’établit à Lausanne — International Law in Switzerland – Professor Andreas R Ziegler

L’Observatoire mondial pour les femmes, le sport, l’éducation physique et l’activité physique s’établit à Lausanne Le Canton de Vaud, la Ville de Lausanne et l’Université de Lausanne (UNIL) ont été désignés par le Département fédéral des affaires étrangères (DFAE) pour assurer la création de l’Observatoire mondial pour les femmes, le sport, l’éducation physique et l’activité […]

’Observatoire mondial pour les femmes, le sport, l’éducation physique et l’activité physique s’établit à Lausanne — International Law in Switzerland – Professor Andreas R Ziegler

Le Département fédéral des affaires étrangères suisse devient membre fondateur de la nouvelle Association du Centre pour le Sport et les Droits de l’Homme — International Law in Switzerland – Professor Andreas R Ziegler

The Swiss MInistry of Foreign Affairs co-founds Centre for Sport and Human Rights Association in Geneva Berne, 08.07.2021 – Créé en 2018 comme résultat d’un dialogue entre différents acteurs du sport (gouvernements, fédérations sportives, organisations internationales, sponsors, organisations de la société civile, organisations d’athlètes, radiodiffuseurs), le Centre pour le Sport et les Droits de l’Homme devient, en ce […]

Le Département fédéral des affaires étrangères suisse devient membre fondateur de la nouvelle Association du Centre pour le Sport et les Droits de l’Homme — International Law in Switzerland – Professor Andreas R Ziegler

Israel: High Court: Ban on surrogacy for same-sex couples, single men to end in 6 months

Israel: High Court: Ban on surrogacy for same-sex couples, single men to end in 6 months

After government said it was ‘unfeasible’ to change the law and asked justices to intervene, top court delivers landmark ruling that ends 11-year legal battle

Read: https://www.timesofisrael.com/high-court-ban-on-surrogacy-for-same-sex-couples-single-men-to-end-in-6-months/

China: WeChat deletion of LGBT social media accounts spurs concern about human rights, censorship

China: WeChat deletion of LGBT social media accounts spurs concern about human rights, censorship

Chinese tech giant Tencent deleted dozens of university students’ LGBT social media accounts, citing violations of rules around information on the internet Wednesday.

The students allege that access to their WeChat accounts was blocked on Tuesday, and they discovered all of the content on their accounts had disappeared on Wednesday. In place of these accounts was a notice from WeChat that stated they “had violated regulations on the management of accounts offering public information service on the Chinese internet.”

US State Department spokesperson Ned Price expressed concern that China has censored “accounts of LGBTQI Plus student groups and NGOs that were merely expressing their views, exercising their right to freedom of expression and freedom of speech.” International rights group OutRight Action International asserts the government of the People’s Republic of China “has increasingly clamped down on its citizens’ human rights more broadly, particularly restricting freedom of expression, assembly, and the press.” The group claims that organisations and activists “have also faced intimidation and violence by security services.” The group points to China’s strong emphasis on traditional cultural values and norms around “family units” and freely-operating “conversion clinics” offering sexual orientation and gender identity “conversion therapy” and other treatments.

While LGBTIQ relationships are no longer illegal in China, the Constitution of the People’s Republic of China is silent on the matter human rights based on of sexual orientation. Article 49 frames marriage as a union between “husband and wife,” and details duties and protections of rights within marriage and family in hetero-nomative language. The deletion of these social media accounts animates fears of a government crackdown that potentially violates rights of the Chinese LGBT community.

The post WeChat deletion of LGBT social media accounts spurs concern about human rights, censorship appeared first on JURIST – News – Legal News & Commentary.