The Oxford Handbook of LGBTI Law provides an overview of the common problems faced by LGBTI people around the world and responses to them in different legal and cultural contexts. Going beyond LGBTI theory, criminalization, marriage and parenting, it explores rulings in international courts, workplace discrimination, economic rights, and more.
The legal rights and protections of members of the LGBTI community have been subject to debate in courtrooms and in academic law discourse internationally for decades - increasingly so since the 1990s. A great deal of the legal literature consists of guides or journal articles on specific domestic legal systems and their rulings, with a particular focus on the United States and Europe.
The Oxford Handbook of LGBTI Law, in contrast, presents an unprecedented international view of the law as it pertains to sexual orientation and gender identity. This includes examination of how individual international courts have ruled on LGBTI issues, and how these issues have been addressed in regions not typically addressed in mainstream literature, such as Asia, Africa, and the Middle East. Besides the corresponding question of LGBTI migration, a broad array of topics related to legal protections (or lack thereof) for LGBTI persons is also covered, from the legal rights to marriage and parenting to the rights to participate in sports, the workplace, and other areas of community life free from discrimination. Several chapters address issues specifically faced by transgender individuals and other gender minorities.
The Handbook is a comprehensive but concise collection of articles about the common problems faced by LGBTI people around the world written by an international team of renowned experts. Readers will benefit from their wealth of expertise and diversity of background while gaining a holistic understanding of how LGBTI people interact with the law, and how the scope of these interactions has changed over a span of several decades. The Handbook not only serves as an academic resource but also as a practical guide for those involved in advocacy and policymaking, ensuring that readers are well-equipped to understand and engage with the multifaceted legal issues surrounding gender identity and sexual orientation.
Part I: Theoretical Aspects
1: Andreas R. Ziegler and Raphaėl Bagi: A Historic Overview
2: Elisabeth Holzleithner: Sexuality, Gender and the Law: Perspectives on
Queer Legal Studies
3: Christina Binder: An Intersectionality Perspective on LGBTI Law
4: Adem Agko: Economic inclusion of LGBTI+ persons
Part II: Global Institutions and Players
5: Andreas R. Ziegler and Raphaėl Bagi: The Role of International
Organisations and Courts, as well as International NGOs
6: Pooja Patel and Arvind Narrain: The Yogyakarta Principles and the
Yogyakarta Principles plus 10: Their relevance to the LGBTI struggle
Part III: Regional Institutions
7: Paul Johnson: LGBT People, the Council of Europe and the European Court of
Human Rights
8: Lina Papadoupoulou: Sexual Orientation and Gender Identity Law in the
European Union and Its Court of Justice
9: Victor Luis Gutiérrez Castillo: Non-Discrimination on the Basis of Sexual
Orientation in the Context of the Inter-American Human Rights System: The
Role of the Commission and the Inter-American Court
10: Frans Viljoen and Ayodele Sogunro: The Promotion and Protection of Sexual
and Gender Minorities under the African Regional Human Rights System
11: Waruguru Gaitho and Achieng Akena: Haba na Haba Hujaza Kibaba: Three
decades later, an analysis of queer legal mobilization in Africa
12: Suhail Abualsameed: Sexual and Gender Diversity in the Middle Eastern
Contexts
13: Holning Lau and Michelle Yesudas: An Asian Perspective
Part IV: Specific Issues
14: Aristotle Constantinides: Criminalization and Decriminalization of
Same-Sex Sexuality
15: Robert Wintemute: Equality and Non-Discrimination
16: Stephen Whittle: Gender Recognition: The European Fight for
Trans-Autonomy
17: Wendy O'Brien: Bodily Diversity and the Right to Bodily Integrity
18: Dmitri Bartenev: Freedom of Association and Expression, Education,
Information
19: Berta Esperanza Hernįndez-Truyol: Religion: Rites vs. Rights- An Awakened
Approach to Resolving Tensions Between LGBT Equality and Religious Liberty
20: Pilar Rivas-Vallejo and Carlos Villagrasa-Alcaide: LGBTI Discrimination
at the Workplace
21: Andreas R. Ziegler and Raphaėl Bagi: Specific Issues Relating to Sports
22: Kees Waaldijk: Same-Sex Couples under the International Right to Marry:
Some Recognition of their Right but More Recognition for their Exclusion from
it and for their Existing Marriages
23: Katia Fiorenza and Roberto Virzo: Civil Unions
24: Alexander Schuster: Parenthood
25: Michel Montini: Recognition of Foreign Decisions concerning Civil Status
of LGBTI Persons and Private International Law
26: Michael Lysander Fremuth: Migration and Asylum
27: Fergus Ryan: LGBTI Populations and the Right to Health
28: Matteo M. Winkler: Queering the Law of Armed Conflict
29: Andreas Sauermoser: Queering International Criminal Law: Prosecuting
Crimes against Sexual and Gender Minorities on International Level
Andreas R. Ziegler studied economics, international relations and law at the University of St. Gallen, SciencesPo (Paris) and the European University Institute. He carried out post-doctoral studies in the US, Australia, and Germany. In 2001, he became a professor at the University of Lausanne, where he now heads the Center for Comparative, European and International Law.
Michael Lysander Fremuth studied law at the University of Cologne, where he received his doctorate in 2010. He has been visiting researcher in the US, Russia, and Turkey, and guest professor at several German universities. In 2019, he became Professor for Fundamental and Human Rights at the University of Vienna and Scientific Director of the Ludwig Boltzmann Institute of Fundamental and Human Rights, as well as of the master program in human rights, which he founded at Vienna University in 2021.
Berta Hernįndez-Truyol is an internationally renowned human rights scholar engaged in initiatives to develop, expand, and transform the human rights discourse related to gender, race, ethnicity, culture, sexuality, language, and other vulnerabilities. She travels broadly to discuss and teach human rights and has made presentations and offered courses all over the world.
