Le droit des sexualités

Abstract

Profil couleur : Profil d'imprimante CMJN gØnØrique Composite Trame par dØfaut Principales abréviations utilisées dans l'ouvrage AJDA Actualité juridique droit administratif al. alinéa art. article Ass. plén.

Disidencias sexuales en el sistema escolar chileno: represión e invisibilización

“…Por lo pronto, los discursos y prácticas difundidos por esos establecimientos están inspirados en el heterosexismo y una suerte de jerarquización de las sexualidades (BORRILLO, 2001), que establece que en la cima se sitúe la heterosexualidad y por debajo todas las otras sexualidades consideradas abyectas, anormales, patológicas o indeseadas.…”

Discrimination at Work: Comparing European, French, and American Law

“…There are two paths by which judges can take this approach: the review of equality through the lens of the facially neutral, functional principle of "equal pay for equal work" and the assessment of equal treatment in the grant of benefits to different categories of employees in collective bargaining agreements. 234 The sole risk is an excessive deference shown by judges to established occupational categories defined by the French social partners (labor unions and employers' organizations), but case law reveals that judges often assess a category's relevance case by case. It seems, for example, that the Cour de Cassation requires lower court judges to subject differences in treatment to strict scrutiny with respect to the objective or purpose of the categorization, which must reflect specific aspects of the situation of employees in a given category, in particular aspects related to working conditions, career advancement, compensation, and even social benefits.…”

“…232 He offers us a transatlantic comparison of gender, describing how sexual questions arose in an indirect fashion in France, in connection with issues involving the country's republican culture, from head veils to the civil union (pacte civile de solidarité, or PACS), including gender parity. 233 Marcela Iacub, Caroline Mecary, and Daniel Borillo deepen our understanding of questions regarding sexual orientation, reproduction, and sexuality, 234 departing from traditional positivist studies on the law related to sex. 235 Only very recently, a broader approach was initiated to reexamine every concept of private law 236 and public law 237 and the notions of contract and consent 238 through the lens of power relations.…”

Consentimento e vulnerabilidade:alguns cruzamentos entre o abuso sexual infantil e o tráfico de pessoas para fim de exploração sexual*

“…(Pateman, 1980:162) The principles of autonomy of the will and individual freedom have decisively guided not only the legal regulation of sexuality in the contemporary Westernized transnational political context, based on the paradigm of human rights, but also social and political sensitivities towards violence. This new moral economy 1 of pleasures that is no longer concerned about regulating and condemning immorality, but violence and the violation of rights (Vigarello, 1998;Borrillo, 2009;Lowenkron, 2013Lowenkron, , 2015 have its core element in the centrality assigned to consent in the definition of legality/illegality or legitimacy/illegitimacy of sexual behaviors.…”

“…It should be made clear, though, that as much as these social problems are not 3 "This new sexual order [based on the value of sexual democracy] also produced their own waste: their responsible, who do not take due care (of oneself and others) and, in the most extreme and monstrous limit, pedophiles or abusers of children, who flout the main criteria -responsibility, consent and equalitythat define the free, secure, worthy and legitimate sex, according to the doctrine of human rights" (Lowenkron, 2015:62-63). 4 Several authors have drawn attention to the centrality of consent in the regulation of sexuality both on contemporary political and legal arena (Vigarello, 1998;Lowenkron, 2007Lowenkron, , 2015Borrillo, 2009;Carrara, 2012) and in the micropolitical negotiations of boundaries between the legitimate and the spurious in the field of eroticism and sexual practices (Gregori, 2004;Zilli, 2009;Dìaz-Benítez, 2012;Facchini and Axe, 2013). so, or equally, recent 5 ; their forms of understanding and moral questioning have been considerably reworded in recent decades. That is, they have both come to be defined and regulated in national and international legal instruments no longer as an immorality or an offense against family values, but as violence against the offended person and a serious violation of human rights.…”