Homosexuality and the European Court of Human Rights: Recent Judgments Against the United Kingdom and Their Impact on Other Signatories to the European Convention of Human Rights (original) (raw)

The gradual change of the margin of appreciation of states regarding cases related to general criminal aspects of homosexuality before the European Court of Human Rights.

This paper will engage with the European Court of Human Rights (ECtHR) case law regarding sexual orientation issues through the doctrine of the margin of appreciation of states. The main research question it will attempt to answer will be what is the nowadays-existing margin of appreciation of states as far as LGBT issues – related cases are concerned? The paper will attempt to trace the emergence and development of relevant case law and the Court’s judgments and opinions on LGBT - related matters. Furthermore, it will discuss how the margin of appreciation doctrine „operates in the context of particular alricles of the ECHR” , related with LGBT issues. For this purpose, the margin of appreciation doctrine will be introduced and discussed at some length, as well as how the Court defines and employs this concept in its relevant case law. The LGBT – related cases will be represented by three landmark cases concerning general criminal aspects of homosexuality. The example of cases related to the criminal aspects of homosexuality has been selected over cases related to marriage, adoption and parental rights, for instance, due to the author’s opinion that criminal aspects cases give the most detailed account of how the margin of appreciation of states has changed over the years.

ECtHR Eweida and Others v UK_ Case note

Why the Eweida case (2013) is widely considered revolutionary in terms of freedom of Religion? What is the state of art regarding the freedom from discrimination on grounds of sexual orientation? In this case note I illuminate the ECHtR legal reasoning and its major focal points.

European Court of Human Rights Caselaw on the Right of the Same-Sex Couples to Marry

Političke perspektive, 2023

ECtHR has established case law by which national authorities are obliged to legally recognize and regulate same-sex partnerships. However, they are not obliged to give the right to marry to same-sex partners taking into account dominant moral beliefs in society. This paper aims to test such an approach from the perspective of four theories of justice. The aim is to see if the consistent application of precepts and principles of these theories of justice to this case law makes such an approach of the ECtHR just from the viewpoint of any of these theories of justice. This way what may seem as intuitively just or unjust is tested against concrete and particular standards of justice.

SECTION 377 VIS-À-VIS HOMOSEXUALITY: THE STATUTORY WHIPLASHING UPON THE CONSTITUTIONAL & HUMAN RIGHTS

GLC Contemporary Law Review, 2017

The essence of liberty as sewed in the organic text of the Constitution of India seems to be faded by virtue of many fatal statutory blows being imposed upon the sexual minorities (specifically discussing about the homosexuals) within the country trampling upon their constitutional and human rights which are nevertheless foundational requisites to preserve and maintain, in real sense, one's life and fashion. The concept of individual freedom embodied in Constitution is not being allowed to realize in the manner as it was intended to be by way of right to have choice within the permissible walls of the freedom but the reality is that even today, in a democratic republic, people are not being allowed to live in the manner they want to live because the social acceptance more than the human rights is being given predilection. Many reasons are assigned for the deprivation of their rights by both, law as well as society, but what is to be considered and scrutinized is that whether the rights to be enjoyed by others are subject to the social and unreasonable legal acceptability. Adhering to this background, this paper is inclined towards the critical examination of S. 377 Indian Penal Code, 1960 (hereinafter as IPC) with a view to come with the reasons of its insertion in the statute book and its applicability to homosexuals. It also depicts as to how the social acceptance is prevailing over the rights of other human beings; this paper finally delineates the present-day scenario of the prevalence of this evil legislation which is trampling upon the human & constitutional rights in the form of statutory whiplashing.

Homosexuality in the Jurisprudence of the Supreme Court of India

2017

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Paper on LGBT rights

India where freedom of loving people of same sex is not merely a question of sexual preference but is considered as deviant behavior, the biggest written constitution which grants equality before law without any discrimination on the basis of sex is a question on the face of the lawmakers. Homosexuality even today is not acceptable by the society, family and home but