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Articles 1 - 4 of 4
Full-Text Articles in Sexuality and the Law
In The Right Direction, Family Diversity In The Inter-American System Of Human Rights, Macarena Sáez
In The Right Direction, Family Diversity In The Inter-American System Of Human Rights, Macarena Sáez
Articles in Law Reviews & Other Academic Journals
This Article argues that the Inter-American System of Human Rights has contributed to a family system that embraces gender equality and non-heterosexual and gender non-conforming families. It argues that the system had, from its inception, an expansive idea of the family that included associations outside marriage. This was the basis for a robust development of the concepts of equality and non-discrimination by the Inter-American Commission of Human Rights and the Inter-American Court of Human Rights. Although the IACtHR has only decided a handful of cases related to the non-heterosexual family, its rich case law on equality and the right to …
The Global Struggle For Lgbtq Rights: Legal, Political, And Social Dimensions, Macarena Saez
The Global Struggle For Lgbtq Rights: Legal, Political, And Social Dimensions, Macarena Saez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez
Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez
Articles in Law Reviews & Other Academic Journals
Same-sex marriage is a 21st century phenomenon. In less than 13 years more than 15 countries have amended their marriage laws to include same-sex couples. Some countries have made the change through political decisions but others have reached the change through adjudicative processes. A comparative analysis of decisions from the highest courts of countries or states granting marriage to same-sex couples demonstrates: 1. similar arguments are presented to these courts when making the case for and against same-sex marriage; 2. courts are using comparative law to justify their decisions on same-sex marriage; 3. the majority of courts in these countries …
Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto
Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.' Historically, these crimes were rarely prosecuted, particularly when government leaders were responsible for tolerating, encouraging, or orchestrating these crimes. However, the last two decades have seen an incredible transformation in the treatment of SGBV under international law. Great strides have been made in the investigation and prosecution of sexual and gender-based crimes, particular by the ad hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the Special Court for Sierra Leone This essay examines the way …