Sexual Orientation Equality In Central And Eastern Europe: The Role Of The European Convention On Human Rights

Paul James Johnson; Silvia Falcetta

Sexual Orientation Equality In Central And Eastern Europe: The Role Of The European Convention On Human Rights

Sociology

Research output: Contribution to journal › Article › peer-review

Abstract

For six decades the European Convention on Human Rights has been a beacon of
hope for people in Europe suffering discrimination on the grounds of sexual
orientation. Since the early 1990s, following the expansion of the Council of
Europe to include 22 former communist states, the Convention has become an
important means by which to promote sexual orientation equality in Central and
Eastern Europe. In this article we provide a systematic examination of how the
Convention is being used, in the European Court of Human Rights, to challenge
sexual orientation discrimination in Central and Eastern European states. We
discuss the issues relating to sexual orientation discrimination in these states that
have been raised before the Court and, in turn, assess how the Court has
developed Convention jurisprudence to address them. We situate this analysis in
the broader context of the contribution of Central and Eastern European states to
shaping the approach of the Council of Europe’s statutory organs to sexual
orientation equality, which influences the work of the Court. Our overall
conclusion is that, notwithstanding certain limitations and problems, there is
significant scope for sexual minorities in Central and Eastern European states to
use the Convention more systematically to challenge aspects of sexual orientation
discrimination.

Original language	English
Journal	European Human Rights Law Review
Publication status	Published - 1 Dec 2019

Bibliographical note

© Thomson Reuters 2019. 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

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Johnson and Falcetta EHRLR
©Thomson Reuters 2019. 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
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Cite this

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title = "Sexual Orientation Equality In Central And Eastern Europe: The Role Of The European Convention On Human Rights",

abstract = "For six decades the European Convention on Human Rights has been a beacon ofhope for people in Europe suffering discrimination on the grounds of sexualorientation. Since the early 1990s, following the expansion of the Council ofEurope to include 22 former communist states, the Convention has become animportant means by which to promote sexual orientation equality in Central andEastern Europe. In this article we provide a systematic examination of how theConvention is being used, in the European Court of Human Rights, to challengesexual orientation discrimination in Central and Eastern European states. Wediscuss the issues relating to sexual orientation discrimination in these states thathave been raised before the Court and, in turn, assess how the Court hasdeveloped Convention jurisprudence to address them. We situate this analysis inthe broader context of the contribution of Central and Eastern European states toshaping the approach of the Council of Europe{\textquoteright}s statutory organs to sexualorientation equality, which influences the work of the Court. Our overallconclusion is that, notwithstanding certain limitations and problems, there issignificant scope for sexual minorities in Central and Eastern European states touse the Convention more systematically to challenge aspects of sexual orientationdiscrimination.",

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N2 - For six decades the European Convention on Human Rights has been a beacon ofhope for people in Europe suffering discrimination on the grounds of sexualorientation. Since the early 1990s, following the expansion of the Council ofEurope to include 22 former communist states, the Convention has become animportant means by which to promote sexual orientation equality in Central andEastern Europe. In this article we provide a systematic examination of how theConvention is being used, in the European Court of Human Rights, to challengesexual orientation discrimination in Central and Eastern European states. Wediscuss the issues relating to sexual orientation discrimination in these states thathave been raised before the Court and, in turn, assess how the Court hasdeveloped Convention jurisprudence to address them. We situate this analysis inthe broader context of the contribution of Central and Eastern European states toshaping the approach of the Council of Europe’s statutory organs to sexualorientation equality, which influences the work of the Court. Our overallconclusion is that, notwithstanding certain limitations and problems, there issignificant scope for sexual minorities in Central and Eastern European states touse the Convention more systematically to challenge aspects of sexual orientationdiscrimination.

AB - For six decades the European Convention on Human Rights has been a beacon ofhope for people in Europe suffering discrimination on the grounds of sexualorientation. Since the early 1990s, following the expansion of the Council ofEurope to include 22 former communist states, the Convention has become animportant means by which to promote sexual orientation equality in Central andEastern Europe. In this article we provide a systematic examination of how theConvention is being used, in the European Court of Human Rights, to challengesexual orientation discrimination in Central and Eastern European states. Wediscuss the issues relating to sexual orientation discrimination in these states thathave been raised before the Court and, in turn, assess how the Court hasdeveloped Convention jurisprudence to address them. We situate this analysis inthe broader context of the contribution of Central and Eastern European states toshaping the approach of the Council of Europe’s statutory organs to sexualorientation equality, which influences the work of the Court. Our overallconclusion is that, notwithstanding certain limitations and problems, there issignificant scope for sexual minorities in Central and Eastern European states touse the Convention more systematically to challenge aspects of sexual orientationdiscrimination.

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