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Sexual Orientation Discrimination and Article 3 of the European Convention on Human Rights: Developing the Protection of Sexual Minorities

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Sexual Orientation Discrimination and Article 3 of the European Convention on Human Rights: Developing the Protection of Sexual Minorities. / Johnson, Paul James; Falcetta, Silvia.

In: European law review, Vol. 43, No. 2, 04.2018, p. 167-185.

Research output: Contribution to journalArticle

Harvard

Johnson, PJ & Falcetta, S 2018, 'Sexual Orientation Discrimination and Article 3 of the European Convention on Human Rights: Developing the Protection of Sexual Minorities', European law review, vol. 43, no. 2, pp. 167-185.

APA

Johnson, P. J., & Falcetta, S. (2018). Sexual Orientation Discrimination and Article 3 of the European Convention on Human Rights: Developing the Protection of Sexual Minorities. European law review, 43(2), 167-185.

Vancouver

Johnson PJ, Falcetta S. Sexual Orientation Discrimination and Article 3 of the European Convention on Human Rights: Developing the Protection of Sexual Minorities. European law review. 2018 Apr;43(2):167-185.

Author

Johnson, Paul James ; Falcetta, Silvia. / Sexual Orientation Discrimination and Article 3 of the European Convention on Human Rights: Developing the Protection of Sexual Minorities. In: European law review. 2018 ; Vol. 43, No. 2. pp. 167-185.

Bibtex - Download

@article{2272db1f571549d2883a4741732a52c4,
title = "Sexual Orientation Discrimination and Article 3 of the European Convention on Human Rights: Developing the Protection of Sexual Minorities",
abstract = "In 2012, the European Court of Human Rights held, for the first time, that the discriminatory treatment of an individual on the grounds of his sexual orientation amounted to a violation of Article 3, alone and in conjunction with Article 14, of the European Convention on Human Rights. This judgment is highly significant given that individuals in Europe have been arguing since 1959 that forms of ill-treatment based on sexual orientation amount to a violation of Article 3 of the Convention. In this article we provide a critical analysis of the evolution of the Court’s Article 3 jurisprudence in order to assess the ways in which this has developed the protection of sexual minorities in Europe. We identify major gaps in this protection, most notably in respect of asylum, and argue that the Court’s Article 3 jurisprudence should be further evolved to address these. Using the example of same-sex marriage, we conclude with a consideration of how sexual minorities might better and more creatively use Article 3 in the future to address discrimination against them.",
author = "Johnson, {Paul James} and Silvia Falcetta",
note = "This is an author-produced version of the published paper. Uploaded in accordance with the publisher’s self-archiving policy. Further copying may not be permitted; contact the publisher for details.",
year = "2018",
month = "4",
language = "English",
volume = "43",
pages = "167--185",
journal = "European law review",
issn = "0307-5400",
publisher = "Sweet and Maxwell Ltd.",
number = "2",

}

RIS (suitable for import to EndNote) - Download

TY - JOUR

T1 - Sexual Orientation Discrimination and Article 3 of the European Convention on Human Rights: Developing the Protection of Sexual Minorities

AU - Johnson, Paul James

AU - Falcetta, Silvia

N1 - This is an author-produced version of the published paper. Uploaded in accordance with the publisher’s self-archiving policy. Further copying may not be permitted; contact the publisher for details.

PY - 2018/4

Y1 - 2018/4

N2 - In 2012, the European Court of Human Rights held, for the first time, that the discriminatory treatment of an individual on the grounds of his sexual orientation amounted to a violation of Article 3, alone and in conjunction with Article 14, of the European Convention on Human Rights. This judgment is highly significant given that individuals in Europe have been arguing since 1959 that forms of ill-treatment based on sexual orientation amount to a violation of Article 3 of the Convention. In this article we provide a critical analysis of the evolution of the Court’s Article 3 jurisprudence in order to assess the ways in which this has developed the protection of sexual minorities in Europe. We identify major gaps in this protection, most notably in respect of asylum, and argue that the Court’s Article 3 jurisprudence should be further evolved to address these. Using the example of same-sex marriage, we conclude with a consideration of how sexual minorities might better and more creatively use Article 3 in the future to address discrimination against them.

AB - In 2012, the European Court of Human Rights held, for the first time, that the discriminatory treatment of an individual on the grounds of his sexual orientation amounted to a violation of Article 3, alone and in conjunction with Article 14, of the European Convention on Human Rights. This judgment is highly significant given that individuals in Europe have been arguing since 1959 that forms of ill-treatment based on sexual orientation amount to a violation of Article 3 of the Convention. In this article we provide a critical analysis of the evolution of the Court’s Article 3 jurisprudence in order to assess the ways in which this has developed the protection of sexual minorities in Europe. We identify major gaps in this protection, most notably in respect of asylum, and argue that the Court’s Article 3 jurisprudence should be further evolved to address these. Using the example of same-sex marriage, we conclude with a consideration of how sexual minorities might better and more creatively use Article 3 in the future to address discrimination against them.

M3 - Article

VL - 43

SP - 167

EP - 185

JO - European law review

JF - European law review

SN - 0307-5400

IS - 2

ER -