The Inter-american Court of Human Rights and the European Court of Human Rights in the protection of LGBT people, between judicial activism and the need for common rules of protection
Abstract
This paper aims to analyze the main advances and highlight the problems still to be resolved regarding the protection of homosexual couples and transsexual people through a critical study of the case-law of the European Court of Human Rights and the Inter-American Court of Human Rights. The first part of the essay will be devoted to observing and comparing the main characteristics of each Court; the second part aims to compare some elements that have been considered especially interesting in the case-law of the Inter-American Court and the Strasbourg Court in matters of protection of the LGBT community, with the aim of developing common standards of protection applicable at a global level. Specifically, two problems have been selected: access to marriage for homosexual couples, and the possibility of requesting and obtaining rectification of registered sex for transsexual people.
Received: 05.12.2024
Accepted: 06.12.2024
Downloads
Last update: 08/02/2022
The authors, by submitting their manuscripts to the Estudios Deusto. Revista de Derecho Público, accept the conditions listed below on copyright and undertake to comply with them.
- Authorship: The author must be the sole creator of the work or legally acting on behalf of and with the full agreement of all the authors.
- Copyright, liability and Ethical Guidelines:
- Authors warrant that their manuscript is original; has not been previously copyrighted or published in any form; is not under consideration for publication elsewhere; its submission and publication do not violate the Ethical Guidelines of Estudios Deusto. Revista de Derecho Público and any codes (of conduct), laws or any rights of any third party; and no publication payment by the Publisher (University of Deusto) is required.
- Authors grant to the Publisher the worldwide, sub-licensable, and royalty-free right to exploit the manuscript in all forms and media of expression, now known or developed in the future, for educational and scholarly purposes.
- Authors retain the right to present, display, distribute, develop, and republish their manuscript to progress their scientific career provided the original publication source (Estudios Deusto. Revista de Derecho Público) is properly acknowledged and in a way that does not suggest the Publisher endorses them or their use of the work.
- Authors warrant that no permissions or licences of any kind have been granted or will be granted that might infringe the rights granted to the Publisher.
- Authors are solely liable for the consequences that may arise from third parties’ complaints about the submitted manuscript and its publication in Estudios de Deusto. Revista de Derecho Público.
- Users: Estudios de Deusto. Revista de Derecho Público is an Open Access publication. Its content is free for full and immediate access, reading, search, download, distribution and reuse in any medium or format only for non-commercial purposes and in compliance with any applicable copyright legislation, without prior permission from the Publisher or the author(s). In any case, proper acknowledgement of the original publication source must be made and any changes to the original work must be indicated clearly and in a manner that does not suggest the author’s and or Publisher’s endorsement whatsoever. Any other use of its content in any medium or format, now known or developed in the future, requires prior written permission of the copyright holder.
.jpg)
.jpg)
4.jpg)
4.jpg)
4.jpg)
.jpg)
