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

Wintemute, Robert

ISBN 10: 0198264887 / ISBN 13: 9780198264880

Published by Oxford University Press, USA, 1997

About this Item

Are there legal arguments to support the claim that the right to be free from sexual orientation discrimination is a human right? Robert Wintemute attempts to answer this question by favour of this claim under three of the world's most influential human rights instruments. Num Pages: 334 pages, table, bibliography. BIC Classification: 1D; 1KBB; 1KBC; JPVH; LAM; LNDA; LNT. Category: (P) Professional & Vocational. Dimension: 233 x 156 x 19. Weight in Grams: 499. . 1997. Paperback. . . . . Books ship from the US and Ireland.

Seller Inventory # V9780198264880

Bibliographic Details

• Title: Sexual Orientation and Human Rights: The United States Constitution, the European Convention, and the Canadian Charter
• Publisher: Oxford University Press, USA
• Publication Date: 1997
• Language: English
• ISBN 10: 0198264887
• ISBN 13: 9780198264880
• Binding: Soft cover
• Condition: New

About this title

Synopsis

"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 or international human rights treaties be interpreted as prohibiting discrimination against gays, lesbians, and bisexuals? Robert Wintemute attempts to answer these questions by examining three of the most commonly used arguments in favor 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 their merits, he looks at the 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.

About the Author

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