Gender Identity and Sexual Orientation
Alternative Pathways in EU Equality Law
Bibliographic Data
| ID | 9422504 |
|---|---|
| Authors | Mark Bell (0000-0003-0154-4651, University of Leicester, corresponding author) |
| Year | 2012 |
| Volume | 60 |
| Issue | 1 |
| Pages | 127-146 |
| Publication date | 2012-01-09 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The American Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-919X • E-ISSN: 2326-9197 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.5131/ajcl.2011.0017 |
| OpenAlex | W1989175882 |
| Language | EN |
| Citations received | 8 |
| References cited | 11 |
During the past fifteen years, EU equality law has expanded to provide some protection from discrimination related to gender identity and sexual orientation. In the light of subsequent legislation and caselaw, this Article examines the meaning of equality that is being elaborated with respect to these grounds. A range of interpretations can be applied to the idea of equality. Some entail little challenge to the general social order, in particular where equality is understood to mean formal equal treatment of individuals in comparable situations. In contrast, more radical readings of equality pose a challenge to established social conventions around gender or the family. This Article explores the role of courts (in particular) in determining which concept of equality should be applied. In the context of this analysis, a comparison is made with law in the United States, and the response of courts and legislators there to sexual orientation and gender identity discrimination
Context (archaeology · Gender equality · Gender identity · Identity (music · Law and economics · Legislation · Meaning (existential · Orientation (vector space · Political science · Sexual orientation · Sociology · Conflict of Laws and Jurisdiction · Discrimination and Equality Law · Gender Studies · Law · LGBTQ Health, Identity, and Policy · Mathematics · Psychology · Social Psychology
The Development and Status of Sexual Orientation Discrimination under International Human Rights Law
Matrimonio y orientación sexual
To What Extent Have the Rights of Transgender People Been Underrealized in Comparison to the Rights of Lesbian, Gay, Bisexual, and Queer/Questioning People in the United Kingdom
Legal Gender Beyond the Binary
The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law
Dignity or discrimination
The Court of Justice and gender recognition
Elder law and its subject
A Defining Moment in Civil Rights History? The Employment Non-Discrimination Act, Trans-Inclusion, and Homonormativity
Can transsexuals suffer sex discrimination
Sexualities and the ECHR
Discrimination, Equality and Social Inclusion
Critique of ‘sexual orientation’ and ‘gender identity’ in human rights discourse
A pathway to diversity
The global politics of lesbian, gay, bisexual and transgender human rights
Expecting Bodies
| Unique citing works | 8 |
|---|---|
| Citations per year | 0,73 |
| Citation span | 2015 - 2021 (7) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 8 |