1. THE RACIAL ANALOGY

This volume focuses on challenges to the effective and proper use of human rights and tries to identify, through a series of case studies, strategies and contexts in which human rights advocacy can work in favor of human rights, as well as situations in which such advocacy may backfire, or unintentionally cause harm.

Using the 1977 campaign against the Dade County Florida gay rights ordinance as a focal point, this book provides an examination of the emergence of the modern lesbian and gay American movement, the challenges it posed to the accepted American notions of sexuality, and how American society reacted in turn.

Offers a complete empirical account of US government programs, policies, and interventions outside the United States on behalf of the human rights of LGBTQ people. Around the world, lesbian, gay, bisexual, transgender, and queer people continue to be threatened, attacked, arrested, tortured, and sometimes executed just for being sexual or gender minorities. Since the final months of the Clinton administration, agencies and officials of the US government have been engaging in programs and projects whose stated purposes are to serve goals of justice and equity for LGBTQ people outside the United States. Because We Are Human gives readers an inside look at US sexual orientation and gender identity (SOGI) human rights assistance programs. Cynthia Burack explores settings where indigenous and transnational human rights advocates meet to fund and strategize SOGI human rights movements. This book also examines key arguments against these programs, policies, and interventions that originate on both the conservative right and the progressive academic left. Burack ultimately recommends support for a US commitment to SOGI human rights and programs that serve the needs of LGBTQ people. “Thorough and thought-provoking In Because We Are Human, Cynthia Burack’s insights help to shape a smart, comprehensive picture of US involvement in the global fight for LGBTQ rights.” — Foreword Reviews

This collection of essays explores the notion, tools and challenges of human rights diplomacy. Human rights diplomacy is understood as the utilisation of diplomatic negotiation and persuasion for the specific purpose of promoting and protecting human rights. This book builds on discussions at a high-level workshop on the topic, organised by the University of Nottingham Human Rights Law Centre, the European Inter-University Centre for Human Rights and Democratisation and the Adam Mickiewicz University of Pozna?, that was held in Venice.

Homosexuality and the European Court of Human Rights is the first book-length study of the Court’s jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court’s interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a ‘living instrument’ to be interpreted ‘in the light of present-day conditions’ the Court’s judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court’s jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court’s interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.

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