A Comparative Law Casebook

From International Commission of Jurists

Sexual Orientation, Gender Identity and Justice: A Comparative Law Casebook collects and analyzes judicial decisions from more than 100 courts around the world. The Casebook showcases the role of international and comparative law in litigation seeking to vindicate the human rights of LGBT individuals. It is organized into fourteen chapters, each consisting of an introduction to the main legal issues and arguments followed by detailed case summaries. The chapters cover topics ranging from decriminalisation and employment discrimination to gender expression, military service and partnership recognition. The cases are both old and new and collectively they trace the progression of the twin norms of equality and universality.

Excerpt from the Introduction:

“. . . the ICJ hopes that the Casebook will stand as evidence for the claim that law on sexual orientation and gender identity is truly global in nature. A court in New Delhi is referring not only to the decisions of courts in Strasbourg or Washington. It is also, and perhaps especially, paying attention to precedents established in South Africa, Hong Kong and elsewhere. Activists in Thailand and Guyana assert the right to cross-dress. Individuals in Kampala and Kathmandu demand judicial enforcement of their rights under international law. People everywhere want their relationships — with their partners, with their children — to receive legal recognition and protection.”

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