Sexual Orientation and Human Rights: The United States Constitution, the European Convention, and the Canadian Charter

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Clarendon Press, 1997 - Social Science - 292 pages
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'Lesbian and gay rights are human rights!' Is this just a political slogan to be chanted outside legislatures? Or are there legal arguments to support the claim that the right to be free from sexual orientation discrimination is a human right? In particular, can national constitutions and international human rights treaties be interpreted as prohibiting discrimination against same-sex activity, gay, lesbian and bisexual individuals, and same-sex couples? Robert Wintemute attempts to answer these questions by examining three of the most commonly used arguments in favour of such an interpretation: sexual orientation is an 'immutable status', sexual orientation is a 'fundamental choice' or part of 'privacy', and sexual orientation discrimination is sex discrimination. To assess the merits of these arguments, he looks at their relative success and failure in cases argued under three of the world's most influential human rights instruments: the United States Constitution, the European Convention on Human Rights, and the Canadian Charter of Rights and Freedoms. He also considers the potential impact of the United Nations Human Rights Committee's recent interpretation of the International Covenant on Civil and Political Rights in Toonen v. Australia.

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JSTOR: Sexual Orientation and Human Rights: The United States ...
Sexual Orientation and Human Rights: The United States Constitution, the European Con- vention, and the Canadian Charter. By ROBERT WINTEMUTE. ...
links.jstor.org/ sici?sici=0020-5893(199610)45%3A4%3C969%3ASOAHRT%3E2.0.CO%3B2-U

OUP: UK General Catalogue
Quick Links, About OUP, Career Opportunities, Contacts, Need help? News, oup.com, Search the Catalogue, Site Index, ---------------, American National ...
www.oup.co.uk/ isbn/ 0-19-826488-7

Human Rights and Sexual Orientation: at Bologna Center Journal of ...
Robert Wintemute, Sexual Orientation and Human Rights: The United States Constitution, the European Convention and the Canadian Charter (Oxford: Clarendon ...
bcjournal.org/ 2006/ human-rights-and-sexual-orientation/

Sexual Orientation and Legal Rights: A Chronological Overview (PRB ...
Sexual Orientation and Human Rights: The United States Constitution, the European Convention, and the Canadian Charter. Clarendon Press, Oxford ...
www.parl.gc.ca/ information/ library/ PRBpubs/ prb0413-e.htm

Lesbian, Gay, Bisexual, and Transgender Rights and the Religious ...
Sexual Orientation and Human Rights: The United States Constitution, the. European Convention, and the Canadian Charter. Oxford: Clarendon Press.
www.springerlink.com/ index/ BBGL735NWH725Y05.pdf

ILGA-Europe, 23rd Annual Conference, Rotterdam, 24-28 October 2001
Robert Wintemute, Sexual Orientation and Human Rights: The United States Constitution, the European Convention, and the Canadian Charter (Oxford University ...
www.ilga-europe.org/ content/ download/ 9913/ 58423/ file/ Council%20of%20Europe%20(Commissioner%20for%20Human%20Rights).doc

LESBIAN AND GAY RIGHTS IN ZIMBABWE
by Leane Renee*. The first lesbian and gay rights movement is under way in Zimbabwe. Homosexual rights advocates in Zimbabwe are organizing in the midst of ...
www.wcl.american.edu/ hrbrief/ v5i2/ html/ zimbab.htm

Sexual Orientation, Human Rights and Global Politics
1. Sexual Orientation, Human Rights and Global Politics. Matthew Waites, Department of Sociology, Anthropology and Applied. Social Sciences, University of ...
www.psa.ac.uk/ 2007/ pps/ Waites.pdf

Sexuality, Gender, and the Law (National and International): Sex ...
Robert Wintemute, Sexual Orientation and Human Rights : The United States Constitution, the European Convention, and the Canadian Charter (New York ...
www.lib.uchicago.edu/ ~llou/ sexlaw.html

Supreme Court of the United States
C. OURT OF. A. PPEALS OF. T. EXAS. , F. OURTEENTH. D. ISTRICT. 178403. A. (. (800) 274-3321 • (800) 359-6859. JOHN GEDDES LAWRENCE and TYRON GARNER, ...
supreme.lp.findlaw.com/ supreme_court/ briefs/ 02-102/ 02-102.mer.ami.ai.pdf

About the author (1997)


Robert Wintemute has been a Lecturer in the School of Law at King's College, University of London since 1991.

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