This panel focuses on LGBT‘s fundamental rights judicial process of acknowledgement in Europe both at national and supranational level. In particular, it unfolds along three lines of thought: firstly, from a general and comparative perspective, the contribution of the vertical division of powers – as indicated by the contributory action of subnational legislation, administrative practice...
From Facts to Feelings. LGBT Identities Before European Courts
Law and human rights are increasingly estranged from their factual dimension. Self-understanding/definition along with personal feelings/inner statuses are acquiring relevance, especially in the interpretation of domestic/HR courts. The shift “from facts to feelings“ is visible in the area of LGBT rights, through which new paradigms of legal protection are emerging. The paper firstly focuses on...
The ECHR Article 8‘s Right to Privacy: Cordon Sanitaire or Isolation Tank? Homosexuality, Transsexualism, and Sado-Masochism in the ECtHR Case-law.
The paper would deal with the interpretation of Article 8 of the European Convention on Human Rights given by the European Court of Human Rights in its case-law regarding homosexuality, transgender rights, same-sex partnerships, sadomasochism. Initially intended as the provision of the Convention protecting family and private life against the whole gamut of fascist and...