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The Oxford Handbook of LGBTI Law

Edited by: Andreas R. Ziegler, Michael Lysander Fremuth, Berta Esperanza Hernández-Truyol

ISBN13: 9780198847793
To be Published: July 2025
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £225.00



The legal rights and protections of members of the LGBTI community have been subject to debate in courtrooms and in academic law discourse internationally for decades - increasingly so since the 1990s. A great deal of the legal literature consists of guides or journal articles on specific domestic legal systems and their rulings, with a particular focus on the United States and Europe. The Oxford Handbook of LGBTI Law, in contrast, presents an unprecedented international view of the law as it pertains to sexual orientation and gender identity. This includes examination of how individual international courts have ruled on LGBTI issues, and how these issues have been addressed in regions not typically addressed in mainstream literature, such as Asia, Africa, and the Middle East. Besides the corresponding question of LGBTI migration, a broad array of topics related to legal protections (or lack thereof) for LGBTI persons is also covered, from the legal rights to marriage and parenting to the rights to participate in sports, the workplace, and other areas of community life free from discrimination. Several chapters address issues specifically faced by transgender individuals and other gender minorities.

The Handbook is a comprehensive but concise collection of articles about the common problems faced by LGBTI people around the world written by an international team of renowned experts. Readers will benefit from their wealth of expertise and diversity of background while gaining a holistic understanding of how LGBTI people interact with the law, and how the scope of these interactions has changed over a span of several decades.

The Handbook not only serves as an academic resource but also as a practical guide for those involved in advocacy and policymaking, ensuring that readers are well-equipped to understand and engage with the multifaceted legal issues surrounding gender identity and sexual orientation.

Subjects:
Human Rights and Civil Liberties
Contents:
Part I: Theoretical Aspects
1:A Historic Overview, Andreas R. Ziegler and Raphaël Bagi
2:Sexuality, Gender and the Law: Perspectives on Queer Legal Studies, Elisabeth Holzleithner
3:An Intersectionality Perspective on LGBTI Law, Christina Binder
4:Economic inclusion of LGBTI+ persons, Adem Agko

Part II: Global Institutions and Players
5:The Role of International Organisations and Courts, as well as International NGOs, Andreas R. Ziegler and Raphaël Bagi
6:The Yogyakarta Principles and the Yogyakarta Principles plus 10: Their relevance to the LGBTI struggle, Pooja Patel and Arvind Narrain

Part III: Regional Institutions
7:LGBT People, the Council of Europe and the European Court of Human Rights, Paul Johnson
8:Sexual Orientation and Gender Identity Law in the European Union and Its Court of Justice, Lina Papadoupoulou
9:Non-Discrimination on the Basis of Sexual Orientation in the Context of the Inter-American Human Rights System: The Role of the Commission and the Inter-American Court, Victor Luis Gutiérrez Castillo
10:The Promotion and Protection of Sexual and Gender Minorities under the African Regional Human Rights System, Frans Viljoen and Ayodele Sogunro
11:Haba na Haba Hujaza Kibaba: Three decades later, an analysis of queer legal mobilization in Africa, Waruguru Gaitho and Achieng Akena
12:Sexual and Gender Diversity in the Middle Eastern Contexts, Suhail Abualsameed
13:An Asian Perspective, Holning Lau and Michelle Yesudas

Part IV: Specific Issues
14:Criminalization and Decriminalization of Same-Sex Sexuality, Aristotle Constantinides
15:Equality and Non-Discrimination, Robert Wintemute
16:Gender Recognition: The European Fight for Trans-Autonomy, Stephen Whittle
17:Bodily Diversity and the Right to Bodily Integrity, Wendy O'Brien
18:Freedom of Association and Expression, Education, Information, Dmitri Bartenev
19:Religion: Rites vs. Rights- An Awakened Approach to Resolving Tensions Between LGBT Equality and Religious Liberty, Berta Esperanza Hernández-Truyol
20:LGBTI Discrimination at the Workplace, Pilar Rivas-Vallejo and Carlos Villagrasa-Alcaide
21:Specific Issues Relating to Sports, Andreas R. Ziegler and Raphaël Bagi
22:Same-Sex Couples under the International Right to Marry: Some Recognition of their Right but More Recognition for their Exclusion from it and for their Existing Marriages, Kees Waaldijk
23:Civil Unions, Katia Fiorenza and Roberto Virzo
24:Parenthood, Alexander Schuster
25:Recognition of Foreign Decisions concerning Civil Status of LGBTI Persons and Private International Law, Michel Montini
26:Migration and Asylum, Michael Lysander Fremuth
27:LGBTI Populations and the Right to Health, Fergus Ryan
28:Queering the Law of Armed Conflict, Matteo M. Winkler
29:Queering International Criminal Law: Prosecuting Crimes against Sexual and Gender Minorities on International Level, Andreas Sauermoser