JUDGING IDENTITIES. LGBT RIGHTS BEFORE EUROPEAN COURTS

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 and case-law in this field – to the development of a pluralistic rights culture; secondly, the progressive dematerialization of human rights law “from facts to feelings“ and the consequent change in the legal dialectic between social exigencies and individual entitlements. Thirdly, the expanded interpretation of “the right to private life“ as enshrined by Article 8 ECHR, which shifted from the foundational idea of protecting individuals from the threats known through the whole gamut of fascist and communist inquisitorial practices to encompassing new rights promoting the individuals’ identity.



Time:  WEDNESDAY JUNE 27 2018 9:00 AM - 10:30 AM
Chair(s):   Benedetta Barbisan, Valentina Volpe
Panel:  Panel 123