The European Union as a Protector and Promoter of Equality: Discrimination on Grounds of Sexual Orientation and Gender Identity

Ziegler, Andreas R.

doi:10.1007/978-3-030-43764-0_15

Cited by 3 publications

(2 citation statements)

References 8 publications

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“…Discrimination based on gender identity or sexual orientation is a common problem worldwide (Ayhan et al., 2020; Kcomt, 2019; Morrison et al., 2019; Nakkeeran & Nakkeeran, 2018; Ziegler, 2020). It has been reported that people who define themselves as LGBTQ+ experience more discrimination throughout their lives than heterosexuals (Collier et al., 2012).…”

Section: Introductionmentioning

confidence: 99%

Under the same rainbow: A study on homophobia and discrimination among private sector health care professionals

et al. 2020

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Section: Introductionmentioning

confidence: 99%

Under the same rainbow: A study on homophobia and discrimination among private sector health care professionals

et al. 2020

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“…There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others" 37 . It should also be noticed that the regulation of the United Kingdom has been repeatedly denounced before the European Court of Human Rights (ECHR), so its compatibility with the Convention has been directly tested (Falletti, 2014;Gonzalez-Salzberg, 2014;Hart, 2016;Korkiamäki, 2014;Sanz, 2003Sanz, , 2014Ziegler, 2020).…”

Section: The European Court Of Human Rights Case Lawmentioning

confidence: 99%

Definition of Mother in the English Legal System

Angón¹

2021

TAHRJ

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The purpose of this paper is to analyse how the term “mother” is defined in the English legal system. This question has recently been raised in English courts due to the McConnel case; where a woman, who had undergone a gender transition and acquired full legal recognition as a male, gave birth to a child and asked to be registered as the father of his child. In the first part of the paper, I will study the legal frame and the main decisions of the English courts. In the second part, I will analyse the decisions of the European Court of Human Rights and the consequences of the McConnel case in English family law. And finally, I will explain the role that the principle of the best interests of the child plays in this context.

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Sexual Orientation and Gender Identity Law in the European Union and Its Court of Justice

Papadopoulou

2024

The Oxford Handbook of LGBTI Law

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This chapter provides an overview of European Union (EU) legislation and the case law of its Court of Justice (CJEU) in matters of non-discrimination based on gender identity and / or sexual orientation in employment, asylum, blood donation, and of the free movement of same-sex partners and parents. The CJEU has recognized very early that discrimination based on gender identity re-assignment constitutes direct sex discrimination. However, the same has not been the case for homosexuals and same-sex couples. It was only after the introduction of Article 13 of the ‘Treaty establishing the European Community’ (through the Amsterdam Treaty), that the EU acquired the competence to adopt anti-discrimination legislation. Consequently, Directive 2000/78 was adopted, which precludes discrimination based (amongst others) on sexual orientation in EU matters, notably employment and free movement of persons. Moreover, the CJEU has shown remarkable sensitivity in asylum cases by taking the principle of human dignity into consideration.

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The European Union as a Protector and Promoter of Equality: Discrimination on Grounds of Sexual Orientation and Gender Identity

Cited by 3 publications

References 8 publications

Under the same rainbow: A study on homophobia and discrimination among private sector health care professionals

Under the same rainbow: A study on homophobia and discrimination among private sector health care professionals

Definition of Mother in the English Legal System

Sexual Orientation and Gender Identity Law in the European Union and Its Court of Justice

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