This is a blog is related to my academic work in the International Academic Forum on SOGIESC Law but meant to serve anyone who wants to contribute to improve the protection of human rights worldwide. It is intended to keep interested readers informed about legal developments relating to sexual orientation, gender expression and identity and sex characteristics (SOGIESC). Hopefully, it will make it easier to find correct legal information about the developments in all regions of the world and, in particular, with regard to international law.
The Texas Senate Health and Human Services Committee approved two bills on Monday that would require transgender student athletes to participate on school sports teams that align with the students’ biological sex at birth. The Senate committee advanced Senate Bill 2 and Senate Bill 32 in a 6-0 vote.
Both bills limit a student’s ability to compete on a sports team that aligns with their gender identity. The bills prevent schools from allowing a student to compete on a team that is “designated for the biological sex opposite to the student’s biological sex,” as stated on their birth certificate or other government record. S.B. 2 applies to public schools and higher education institutions, whereas S.B. 32 only applies to public schools.
Some students have changed their birth certificates to reflect their gender identity. The bills require the original birth certificate to be applied rather than the updated birth certificate.
Republican Senator Charles Perry authored the bills. Senator Perry stated that the bills protect cisgender women from having opportunities taken away by transgender women and girls. Senator Perry explained, “It’s not okay to destroy the dreams of one for the benefit of another.”
Opponents of the bill argue that the number of transgender athletes is small. Democratic Senator John Whitmire, for example, suggested that “this is a very small community. Then if you look at the number of school-aged children it would be much smaller, and largely they are minding their own business . . . and just want to be left alone.”
Only republicans voted on S.B. 2 and S.B. 32 because dozens of Texas House Democrats went to Washington, D.C. on Monday in an effort to block the passage of voting restrictions legislation.
TGEU is looking for a Research Officer to develop, conduct, and supervise TGEU-led research, including the Trans Murder Monitoring, Trans Rights Map, and hate crime reporting projects. The Research Officer will ensure TGEU’s research projects are informed by and relevant to vulnerable trans communities as well as widely visible and disseminated, raising awareness about the experiences of violence, discrimination, and other human rights abuses of trans people, and supporting the development and publication of TGEU reports. This position is located in Berlin, Germany. Given the current COVID-19 situation, the position may start remotely with relocation to Berlin in late 2021. Due to COVID relocation challenges and funding restrictions, preference will be given to applicants who are already eligible to work in Germany. Applications sent by e-mail to jobs@tgeu.org by 4 August 2021, 19:00 Central European Summer Time, will be considered.
ECtHR: Russia failed to justify the lack of any opportunity for same-sex couples to have their relationship formally acknowledged
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.
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).
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 […]
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 […]
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
International and Comparative SOGIESC Law - Professor Andreas R Ziegler 