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Homosexuality and the European Court of Human Rights (Paperback)
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Homosexuality and the European Court of Human Rights (Paperback)
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Homosexuality and the European Court of Human Rights is the first
book-length study of the Court's jurisprudence in respect of sexual
orientation. It provides a socio-legal analysis of the substantial
number of decisions and judgments of the Strasbourg organs on the
wide range of complaints brought by gay men and lesbians under the
European Convention on Human Rights. Providing a systematic
analysis of Strasbourg case law since 1955 and examining decades of
decisions that have hitherto remained obscure, the book considers
the evolution of the Court's interpretation of the Convention and
how this has fashioned lesbian and gay rights in Europe. Going
beyond doctrinal analysis by employing a nuanced sociological
consideration of Strasbourg jurisprudence, Paul Johnson shows how
the Court is a site at which homosexuality is both socially
constructed and regulated. He argues that although the Convention
is conceived as a 'living instrument' to be interpreted 'in the
light of present-day conditions' the Court's judgments have
frequently forged and advanced new social conditions in respect of
homosexuality. Johnson argues that the Court's jurisprudence has an
extra-legal importance because it provides an authoritative and
powerful discursive resource that can be mobilized by lesbians and
gay men to challenge homophobic and heteronormative social
relations in contemporary societies. As such, the book considers
how the Court's interpretation of the Convention might be evolved
in the future to better protect lesbian and gay rights and lives.
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