The Case for Same-Sex Marriage Before the European Court of Human Rights

Hamilton, Frances

doi:10.1080/00918369.2017.1380991

Cited by 5 publications

(3 citation statements)

References 34 publications

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“…In addition, it should be noted that marriage is an internationally recognised social institution that, in many nations, is governed by law, is formal and must adhere to preexisting regulations. 30 The international regulations governing matrimony are: Article 16 of the 1948 Universal Declaration of Human Rights (UDHR) states, "Everyone has the same right to the protection of the law against discrimination in marriage and family matters and the same rights in a valid marriage. 31 The UDHR prioritises legal protections and eliminating discriminatory treatment in family and marriage-related matters.…”

Section: International Rules Of Marriage and Their Relation To Misyar...mentioning

confidence: 99%

The Phenomenon of Development Misyar Marriage from the Perspective of Islamic Law and Human Rights

Arinda Putri.J,

Radhi Anadi,

Deuraseh

2023

J-FSH

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Misyar marriage is one of several Muslim terms in the Middle East. Due to the evolution of life and society, this marriage is a significant phenomenon in Islamic circles. Misyar marriage is performed by a man under the correct contract and conditions, where both parties must give up some rights that are incomparable with the conditions of other marriages Misyar marriage demands that women relinquish certain rights ordinarily associated with marriage, which raises concerns for human rights, particularly those governing discrimination against women. On the contrary, human rights uphold the values of rights and dignity regardless of gender, particularly for women who should receive the same treatment and rights as men, one of which is discussed in the conventions on eradicating all forms of discrimination against women and the rights of the child. This study examines the phenomenon of Misyar marriage through the lens of Islamic law and human rights, employing legal doctrinal or normative research methods, a statutory approach, and a historical perspective. The findings of this study indicated that Misyar marriage differs from other marriages and has a connection to human rights, particularly women's rights to marry. Some scholars believe that this Marriage is permissible and valid. However, according to the following opinion, Misyar marriage is prohibited. This is a violation of international law and not a violation of human rights because the conditions for marriage are not satisfied.

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Section: International Rules Of Marriage and Their Relation To Misyar...mentioning

confidence: 99%

The Phenomenon of Development Misyar Marriage from the Perspective of Islamic Law and Human Rights

Arinda Putri.J,

Radhi Anadi,

Deuraseh

2023

J-FSH

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“…Fittingly, Besson describes it as "European democratic consensus"; 481 or, as Frances Hamilton has put it, consensus links the ECtHR's decisions "back to a democratic mandate of the legislatures of Member States". 482 Paul Mahoney has described it as indicative of the "common will of democratic [implied: European] society". 483 The ECtHR itself has taken up this idea: its standard phrase on the ECHR as a "living instrument", according to which it must be "interpreted in the light of present-day conditions", 484 is now sometimes extended.…”

Section: The Democratic Credentials Of European Consensusmentioning

confidence: 99%

European Consensus between Strategy and Principle

Theilen¹

2021

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This study offers a critical account of the reasoning employed by the European Court of Human Rights, particularly its references to European consensus. Based on an in-depth analysis of the Court’s case-law against the backdrop of human rights theory, it will be of interest to both practitioners and theorists. While European consensus is often understood as providing an objective benchmark within the Court’s reasoning, this study argues to the contrary that it forms part of the very structures of argument that render human rights law indeterminate. It suggests that foregrounding consensus and the Court’s legitimacy serves to entrench the status quo and puts forward novel ways of approaching human rights to enable social transformation.

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“…As of October, 2019, same-sex marriage is legal in 29 other countries and territories. Extending the right to marry to same-sex couples represents a legal change in structural stigma and affords more access to the psychological, social, and practical benefits associated with marriage (Fingerhut, Riggle, & Rostosky, 2011; Hamilton, 2018; Herek, 2011; Ogolsky, Monk, Rice, & Oswald, 2019b; Verrelli, White, Harvey, & Pulciani, 2019). Structural stigma refers to societal-, institutional-, or cultural-level norms and policies that negatively affect the opportunities, access, and well-being of a particular group (Hatzenbuehler & Link, 2014).…”

mentioning

confidence: 99%

It’s complicated: The impact of marriage legalization among sexual minority women and gender diverse individuals in the United States.

Drabble¹,

Wootton²,

Veldhuis³

et al. 2020

Psychology of Sexual Orientation and Gender Diversity

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This mixed-methods study explored perceptions of the impact of marriage legalization in all U.S. states among sexual minority women and gender diverse individuals. Survey data were collected from a nonprobability sample of individuals 18 years or older who identified as lesbian, bisexual, queer, same-sex attracted, or something other than exclusively heterosexual-as well as individuals who identified as transgender or gender nonbinary (e.g., genderqueer, trans woman, trans man, nonbinary, or gender nonconforming). The analytic sample included 418 participants in an online survey who responded to open-ended questions about the perceived impact of marriage legalization. Qualitative analyses revealed perceptions of marriage legalization that situated individual meanings in the context of broader political and social factors. Four themes represented the complex perceptions of participants about marriage legalization: (a) establishing a victory in civil rights, social inclusion, and acceptance; (b) creating a paradox between positives of legalization and limitations of marriage as an institution; (c) amplifying concerns for unaddressed safety and rights issues; and (d) contributing to the erosion of queer identity and community. Quantitative analyses revealed several differences by demographic characteristics, such as greater concern about the erosion of community among unmarried participants compared to participants who were married. Findings underscore the importance of policies that advance equality for sexual and gender minorities (SGMs), as well as the importance of research exploring how policies are perceived by and impact SGM subpopulations. Public Significance StatementLegalization of marriage for same-sex couples in the United States was generally perceived by sexual and gender minorities (SGM) as a civil rights victory and marker of increased social inclusion and acceptance. At the same time, findings underscore remaining concerns such as inconsistent policy protections against discrimination, structural stigma and stigma from family and extended networks, and how centralizing marriage may undermine SGM community connectedness and appreciation for diverse relationship structures.

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The Case for Same-Sex Marriage Before the European Court of Human Rights

Cited by 5 publications

References 34 publications

The Phenomenon of Development Misyar Marriage from the Perspective of Islamic Law and Human Rights

The Phenomenon of Development Misyar Marriage from the Perspective of Islamic Law and Human Rights

European Consensus between Strategy and Principle

It’s complicated: The impact of marriage legalization among sexual minority women and gender diverse individuals in the United States.

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