Gender Identity and Sexual Orientation in International and National (Norwegian) Law, 2019
Abstract
This research project elaborates on what lies in the LHBTI persons' right to recognition, self-determination and equal treatment under existing human rights conventions and declarations, including the Yogyakarta Principles of 2006. Concrete main themes are lesbian and gay protection against persecution under the Refugee Convention, trans and intersex children's rights. to gender identity and equal treatment under the European Convention on Human Rights (ECHR), the International Covenant on Civil and Political Rights (SP) and the International Convention on Economic, Social and Cultural Rights (ESC).
In its treatment of this theme, the research establishes a life-phase perspective that puts the situation of children, adolescents and parents at the center. It addresses, based on an empirical bottom-up and a legal-from-above perspective, actual and legal issues that have received little attention in international and Norwegian forensic science. The focus is on two legislative reforms that are of particular importance for Norway's implementation of LGBTI people's human rights protection. One is the Equality and Discrimination Act (ldl) ban on discrimination on the basis of sexual orientation, gender identity and gender expression that came into force in 2013. The other is the Law on Change of Legal Gender, which was passed in 2016. The law repealed the human rights violation requirement that was central to the first phase of the project. An overarching issue is the importance these laws have and should have for the position of LGBTI people in areas such as the law of persons, refugee law, family law, health law and education law.
For further information about ”Gender Identity and Sexual Orientation in International and National (Norwegian) Law, 2019”, please contact the principal investigator.