The development and status of sexual orientation discrimination under international human rights law

This article assesses the development, status and recognition of a prohibition on sexual orientation discrimination as a matter of international human rights law. The State practice examined appears to reveal fundamental divisions on this issue. The article considers whether there are any treaty-bas...

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Main Author: McGoldrick, Dominic
Format: Article
Published: Oxford University Press 2016
Subjects:
Online Access:https://eprints.nottingham.ac.uk/34564/
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author McGoldrick, Dominic
author_facet McGoldrick, Dominic
author_sort McGoldrick, Dominic
building Nottingham Research Data Repository
collection Online Access
description This article assesses the development, status and recognition of a prohibition on sexual orientation discrimination as a matter of international human rights law. The State practice examined appears to reveal fundamental divisions on this issue. The article considers whether there are any treaty-based obligations that support the prohibition on sexual orientation as an existing right. Having examined the national, regional and international human rights jurisprudence on sexual orientation discrimination, the article considers the possible ways forward in policy terms, given the continued opposition from a significant body of States. More specifically, it discusses the most appropriate legal and strategic responses at national, regional and international levels to manage or bridge the divisions between States on the issue.
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spelling nottingham-345642020-05-04T18:18:52Z https://eprints.nottingham.ac.uk/34564/ The development and status of sexual orientation discrimination under international human rights law McGoldrick, Dominic This article assesses the development, status and recognition of a prohibition on sexual orientation discrimination as a matter of international human rights law. The State practice examined appears to reveal fundamental divisions on this issue. The article considers whether there are any treaty-based obligations that support the prohibition on sexual orientation as an existing right. Having examined the national, regional and international human rights jurisprudence on sexual orientation discrimination, the article considers the possible ways forward in policy terms, given the continued opposition from a significant body of States. More specifically, it discusses the most appropriate legal and strategic responses at national, regional and international levels to manage or bridge the divisions between States on the issue. Oxford University Press 2016-12-01 Article PeerReviewed McGoldrick, Dominic (2016) The development and status of sexual orientation discrimination under international human rights law. Human Rights Law Review, 16 (4). pp. 613-668. ISSN 1744-1021 sexual orientation equality non-discrimination right to privacy right to family life human rights obligations interpretation of human rights treaties http://hrlr.oxfordjournals.org/content/16/4/613 doi:10.1093/hrlr/ngw030 doi:10.1093/hrlr/ngw030
spellingShingle sexual orientation
equality
non-discrimination
right to privacy
right to family life
human rights obligations
interpretation of human rights treaties
McGoldrick, Dominic
The development and status of sexual orientation discrimination under international human rights law
title The development and status of sexual orientation discrimination under international human rights law
title_full The development and status of sexual orientation discrimination under international human rights law
title_fullStr The development and status of sexual orientation discrimination under international human rights law
title_full_unstemmed The development and status of sexual orientation discrimination under international human rights law
title_short The development and status of sexual orientation discrimination under international human rights law
title_sort development and status of sexual orientation discrimination under international human rights law
topic sexual orientation
equality
non-discrimination
right to privacy
right to family life
human rights obligations
interpretation of human rights treaties
url https://eprints.nottingham.ac.uk/34564/
https://eprints.nottingham.ac.uk/34564/
https://eprints.nottingham.ac.uk/34564/