Suchergebnisse

The international standard, experience and Chinese practice regarding equality and non-discrimination / Liu Xiaonan -- From height to genes : the legal development of anti-discrimination in China / Zhou Wei -- China's anti-discrimination law legislation : difficulties and future / Wang Bin -- Protection of ethnic equality in the field of social public service / Li Hao -- Conflicts between protection and discrimination : multiple predicaments of gender equality in legislation and judiciary focusing on the special regulation on labor protection of female workers / Guo Huimin and Wang Jue -- Legislative protection and gender budget of women's right to equality international and domestic perspectives / Xu Shuang -- Employment fraudulence vs. employment discrimination a case study on secretive marriage, pregnancy or childbirth / He Xia -- Silent changes transsexuals' right to marry in mainland China and Hong Kong / Guo Xiaofei and Zhu Jingshu -- Sexual harassment : stepping outside the shadow of Chinese law and policy / Zhang Lining -- "Beijing + 25" retrospect and prospect : the establishment of a sexual harassment prevention mechanism in the workplace from the perspective of human rights / Liu Xiaonan and Huang Zhouzheng -- "The object of welfare" or "the subject of rights"? Social disability awareness reflected by the themes of the international day of persons with disabilities and the national day for helping persons with disabilities / Liang Tukun and Fu Gaoshan -- Tackling discrimination based on health status in China : law and practice / Li Zijin -- A study of age discrimination and China status quo / Hao Luyi -- Study on the supervision mechanism for eliminating gender discrimination in recruitment / Yang Hui -- Analysis of the legal issues concerning employment gender discrimination litigation in China / Liu Xiaonan -- Employment discrimination lawsuits in China a survey study and a discussion / Lu Jiefeng -- The judicial protection of the right of equality based on the observation and summarizing of 116 anti-discrimination cases / Li Cheng.

The international standard, experience and Chinese practice regarding equality and non-discrimination / Liu Xiaonan -- From height to genes : the legal development of anti-discrimination in China / Zhou Wei -- China's anti-discrimination law legislation : difficulties and future / Wang Bin -- Protection of ethnic equality in the field of social public service / Li Hao -- Conflicts between protection and discrimination : multiple predicaments of gender equality in legislation and judiciary focusing on the special regulation on labor protection of female workers / Guo Huimin and Wang Jue -- Legislative protection and gender budget of women's right to equality international and domestic perspectives / Xu Shuang -- Employment fraudulence vs. employment discrimination a case study on secretive marriage, pregnancy or childbirth / He Xia -- Silent changes transsexuals' right to marry in mainland China and Hong Kong / Guo Xiaofei and Zhu Jingshu -- Sexual harassment : stepping outside the shadow of Chinese law and policy / Zhang Lining -- "Beijing + 25" retrospect and prospect : the establishment of a sexual harassment prevention mechanism in the workplace from the perspective of human rights / Liu Xiaonan and Huang Zhouzheng -- "The object of welfare" or "the subject of rights"? Social disability awareness reflected by the themes of the international day of persons with disabilities and the national day for helping persons with disabilities / Liang Tukun and Fu Gaoshan -- Tackling discrimination based on health status in China : law and practice / Li Zijin -- A study of age discrimination and China status quo / Hao Luyi -- Study on the supervision mechanism for eliminating gender discrimination in recruitment / Yang Hui -- Analysis of the legal issues concerning employment gender discrimination litigation in China / Liu Xiaonan -- Employment discrimination lawsuits in China a survey study and a discussion / Lu Jiefeng -- The judicial protection of the right of equality based on the observation and summarizing of 116 anti-discrimination cases / Li Cheng.

Does anyone do 'lesbian and gay studies'? The formulation likely sounds quaint when gender and sexuality studies now aims its sights at so much more than what these identities designate. Just as feminist, queer and trans theory hotly debated the political and philosophical shortcomings of 'identity' in the 1980s and 90s, the 2000s and 2010s have given us the frameworks of homonormativity, homonationalism and queer liberalism to articulate how lesbian and gay identities in particular can become acute vectors of a racist modern governmentality. Across a range of politically-engaged scholarship, non-identitarian positions continue to seem like the most sophisticated ones. Yet, in other ways, identity still looms large across our lives, outside and inside the academy. Social and political emergencies continue to make the work of identity-based movements urgent and necessary. Scholarly controversies often circle back to identity: in 'Trans* Studies Now', a recent issue of TSQ (Transgender Studies Quarterly), a special forum responds to the argument that, of all things that could have been decentred in trans studies, it has, curiously, been transsexual identity. The Black Scholar has oriented a recent issue around the question 'What was Black Studies'?, not to signal its end, but its vitality. Outside of the interpretive humanities, 'lesbian' and 'gay' read differently and ground work in disciplines such as history and sociology. Recent events beyond the Anglophone world—for example, in Poland and Hungary—show that these identities have not lost the political urgency that they may seem to have done in other contexts. So what happened to 'lesbian and gay studies'? In what ways does such a formulation seem retrograde, if it does? What would the field have looked like without the strong impulse to self-deconstruction on which it was founded? How does this impulse relate (or not) to the structure of other identity knowledge domains? If 'lesbian' and 'gay' do not seem like the most urgent or necessary political ...

The Master's thesis examines the rights of LGBT persons, their protection standards and issues in the practice of the European Court of Human Rights (ECtHR) in the field of marriage, civil partnership and adoption, as well as compliance of Lithuania's legal regulation with the established ECHR standards. The aim of the thesis is to find out what standards of LGBT rights protection are established in ECtHR jurisprudence and how they are implemented in the Lithuanian legal system. The first chapter of the thesis discusses the concept of marriage and family, analyzes the relationship between the two institutions. The right of the LGBT persons to marry and its issues are analyzed in accordance with the jurisprudence of the ECtHR. The right to marriage of same-sex couples and transsexuals is analyzed individually. The standards established by the court are compared with the legal regulation of Lithuania. The second chapter reviews the concept of partnership, establishes the right of LGBT persons civil partnerships in the ECtHR case-law, its development and the (non)implementation in Lithuanian legislation. The third chapter of the Master's thesis is devoted to the right of LGBT persons to adopt and other parental rights and obligations under the ECtHR jurisprudence. The rights of LGBT persons to their biological children are revealed, also two ways of adoption are discussed - conventional adoption and second-parent adoption. The right of LGBT persons to adopt is reviewed in the context of Lithuanian law. The main source of the Master's thesis is the ECtHR jurisprudence, which is analyzed chronologically, together with the content of the rights in question and the evolution of the Court's position. The paper also refers to the separate opinions of the ECtHR judges, various scientific publications of foreign and Lithuanian authors, and Lithuanian legislation.

The Master's thesis examines the rights of LGBT persons, their protection standards and issues in the practice of the European Court of Human Rights (ECtHR) in the field of marriage, civil partnership and adoption, as well as compliance of Lithuania's legal regulation with the established ECHR standards. The aim of the thesis is to find out what standards of LGBT rights protection are established in ECtHR jurisprudence and how they are implemented in the Lithuanian legal system. The first chapter of the thesis discusses the concept of marriage and family, analyzes the relationship between the two institutions. The right of the LGBT persons to marry and its issues are analyzed in accordance with the jurisprudence of the ECtHR. The right to marriage of same-sex couples and transsexuals is analyzed individually. The standards established by the court are compared with the legal regulation of Lithuania. The second chapter reviews the concept of partnership, establishes the right of LGBT persons civil partnerships in the ECtHR case-law, its development and the (non)implementation in Lithuanian legislation. The third chapter of the Master's thesis is devoted to the right of LGBT persons to adopt and other parental rights and obligations under the ECtHR jurisprudence. The rights of LGBT persons to their biological children are revealed, also two ways of adoption are discussed - conventional adoption and second-parent adoption. The right of LGBT persons to adopt is reviewed in the context of Lithuanian law. The main source of the Master's thesis is the ECtHR jurisprudence, which is analyzed chronologically, together with the content of the rights in question and the evolution of the Court's position. The paper also refers to the separate opinions of the ECtHR judges, various scientific publications of foreign and Lithuanian authors, and Lithuanian legislation.

The Master's thesis examines the rights of LGBT persons, their protection standards and issues in the practice of the European Court of Human Rights (ECtHR) in the field of marriage, civil partnership and adoption, as well as compliance of Lithuania's legal regulation with the established ECHR standards. The aim of the thesis is to find out what standards of LGBT rights protection are established in ECtHR jurisprudence and how they are implemented in the Lithuanian legal system. The first chapter of the thesis discusses the concept of marriage and family, analyzes the relationship between the two institutions. The right of the LGBT persons to marry and its issues are analyzed in accordance with the jurisprudence of the ECtHR. The right to marriage of same-sex couples and transsexuals is analyzed individually. The standards established by the court are compared with the legal regulation of Lithuania. The second chapter reviews the concept of partnership, establishes the right of LGBT persons civil partnerships in the ECtHR case-law, its development and the (non)implementation in Lithuanian legislation. The third chapter of the Master's thesis is devoted to the right of LGBT persons to adopt and other parental rights and obligations under the ECtHR jurisprudence. The rights of LGBT persons to their biological children are revealed, also two ways of adoption are discussed - conventional adoption and second-parent adoption. The right of LGBT persons to adopt is reviewed in the context of Lithuanian law. The main source of the Master's thesis is the ECtHR jurisprudence, which is analyzed chronologically, together with the content of the rights in question and the evolution of the Court's position. The paper also refers to the separate opinions of the ECtHR judges, various scientific publications of foreign and Lithuanian authors, and Lithuanian legislation.

The Master's thesis examines the rights of LGBT persons, their protection standards and issues in the practice of the European Court of Human Rights (ECtHR) in the field of marriage, civil partnership and adoption, as well as compliance of Lithuania's legal regulation with the established ECHR standards. The aim of the thesis is to find out what standards of LGBT rights protection are established in ECtHR jurisprudence and how they are implemented in the Lithuanian legal system. The first chapter of the thesis discusses the concept of marriage and family, analyzes the relationship between the two institutions. The right of the LGBT persons to marry and its issues are analyzed in accordance with the jurisprudence of the ECtHR. The right to marriage of same-sex couples and transsexuals is analyzed individually. The standards established by the court are compared with the legal regulation of Lithuania. The second chapter reviews the concept of partnership, establishes the right of LGBT persons civil partnerships in the ECtHR case-law, its development and the (non)implementation in Lithuanian legislation. The third chapter of the Master's thesis is devoted to the right of LGBT persons to adopt and other parental rights and obligations under the ECtHR jurisprudence. The rights of LGBT persons to their biological children are revealed, also two ways of adoption are discussed - conventional adoption and second-parent adoption. The right of LGBT persons to adopt is reviewed in the context of Lithuanian law. The main source of the Master's thesis is the ECtHR jurisprudence, which is analyzed chronologically, together with the content of the rights in question and the evolution of the Court's position. The paper also refers to the separate opinions of the ECtHR judges, various scientific publications of foreign and Lithuanian authors, and Lithuanian legislation.

[EN] Constitutional transcendence of the requirement of majority for the recognition of the right to sexual identity and the change in the registration of sex in the Civil Registry in the case of transsexual people and their incardination in the limitations to the capacity to act Minors. Diversity of legal treatment of the age and its legislative and jurisprudential treatment in attention to the progressive acquisition of discernment and ability to understand and to issue its will in the best interest of the minor. The principle of the best interest of the child as a frame of reference to analyze each specific case in defense of fundamental rights in general and its concretion in the case of minors. The difficulty of assessing this indeterminate legal concept. ; [ES] Trascendencia constitucional de la exigencia de mayoría de edad para el reconocimiento del derecho a la identidad sexual y al cambio en la mención registral del sexo en el Registro Civil en el caso de las personas transexuales y su incardinación en las limitaciones a la capacidad de obrar de las menores de edad. Diversidad de tratamiento jurídico de la edad y su tratamiento legislativo y jurisprudencial en atención a la progresiva adquisición de discernimiento y capacidad de entender y emitir su voluntad de las personas en su minoría de edad legal. El principio de interés superior de la persona menor de edad como marco referencial para analizar cada caso concreto en defensa de los derechos fundamentales en general y su concreción en la niñez y adolescencia. La dificultad de la valoración de este concepto jurídico indeterminado. ; Sánchez Freyre, JM. (2018). La mayoría de edad como requisito para la rectificación registral del sexo y el nombre: una cuestión de derechos fundamentales. Revista sobre la infancia y la adolescencia. (14):39-52. doi:10.4995/reinad.2018.7367 ; SWORD ; 39 ; 52 ; 14

The article aims to point out that the notion of sexual and reproductive rights was set up exclusively for the body of bio-women, excluding gay, lesbian, bisexual, transsexual, transgender and intersex people of their dogmatic formulation. From the critical analysis of Beatriz Preciado, this paper seeks to show how subversive reappropriation sexual technology provides each individual the autonomy to manage the transformation of his own body according to gender identity freely want to redo. In this context, recognition of sexual and reproductive rights satisfies the desire for recognition of those precarious subjectivities that have been excluded from the scope of protection law. To resist state violence deprives non-normative gender of their human rights, it requires a political struggle based on equality that enables certain of lives that are worth living and worthy of being mourned. ; El artículo tiene por objeto señalar que la noción de los derechos sexuales y reproductivos fue configurada exclusivamente para el cuerpo de las bio-mujeres, excluyendo a los gays, lesbianas, bisexuales, transexuales, transgéneros e intersexuados de su formulación dogmática. A partir de los análisis críticos de Beatriz Preciado, este trabajo busca mostrar cómo la reapropiación subversiva de las tecnologías sexuales proporciona a cada individuo la autonomía de gestionar la transformación de su propio cuerpo de acuerdo a la identidad de género que libremente desee rehacer. En este contexto, el reconocimiento de derechos sexuales y reproductivos satisface el deseo de reconocimiento de aquellas subjetividades precarizadas que han sido excluidas del ámbito de protección de la ley. Para resistir a la violencia estatal que priva a los géneros no-normativos de sus derechos humanos, se requiere de una lucha política basada en la igualdad que posibilite que ciertas vidas que sean dignas de ser vividas y merecedoras de ser lloradas.

The sexualisation of trans people is a thorny issue due to the pathologizing undertones within sexological literature. After many years of being on the one hand, silenced about sexuality or on the other hyper-sexualized, for fear of being pigeon-holed as unworthy recipients of medical interventions by the medical teams providing healthcare, transsexual and transgender people have started to explore and produce their "sexual bodies" and represent them in novel ways through prose, poetry and pornographic film. 'The political move to illustrate the wider 'spectra of desire' (Stryker, 2006) and experiences of trans-sexuality was announced to be politically important as a way of shifting stereotypical associations surrounding trans embodiment and sexuality generally. These projects of sexual representation rely on transforming spaces and discourses within cultural mediums in which transpeople explore their sexuality. Pornography and erotica are two sites that offer personalized accounts of trans-sexuality that often speaks back to their medicalization. I argue, in the words of Kate Bornstein (1994: 163), these erotic productions offer "irreverence for the established order" and incorporate the "often dizzying use of paradox" which underpins my analysis. Using trans erotica texts, I will illustrate that 'transsexualism' and 'transgenderism' are not solely about gender, as a core characteristic, and suggest that sexuality is part of trans subjectivity too. I will suggest further that new representations of trans-sexuality within the erotic representations pose challenges to the medical policy and practices surrounding trans medicalization and the sedated ideas surrounding transpeople as either non-sexual or hyper-sexual. This focus on erotica allows for new analyses and conceptualizations of trans-sexuality that incorporate bodily aesthetic affects of the transitioned and transitioning body. Simultaneously, understanding trans bodily aesthetic affects helps us move away from territorialized identitarian markers, such as gay, lesbian and bi and explore a wider spectra of trans desire.

Instituto de Investigaciones Filosóficas. Facultad de Filosofía. Programa Institucional de Maestría en Filosofía de la Cultura ; This research work is a reflection on the scientific and technological building of the border that divides and separates the world in men and women; about the various ways in which individuals move between genres transgressing the boundaries of the feminine and masculine; on the various technologies used to make this transition; on scientific narratives that have been developed to explain and correct this identity disorder but also to understand and challenge the rigidity of the standard categories of identity sexogenérica. But mostly a reflection on the understanding that subjects situated prepared to understand the traffic carried an identity category to another; on the experience of living in the interstices of the standard categories and cultural implications arising from this phenomenon. It is a work deeply contaminated by cyborg imagery drawn by Donna Haraway, since from my perspective transsexual bodies and transgendered subjectivities represent an especially interesting to rethink phenomenon, through the metaphor of the cyborg, the process of disintegration of taxonomies and restructuring of boundaries around which the new configuration of power/knowledge is built. In the first chapter attempts to trace the long road that led to the consolidation of transsexuality as clinical category and its emergence as a social phenomenon through the institutionalization of gender reassignment surgery as a therapeutic measure. In the second chapter I address the theoretical-epistemological break that queer theory operates with respect to the knowledge produced by the biomedical model around sex/gender; I check the place of trans identities within this theoretical approach; biopolitics function and discuss the possibilities of resistance embodied by transsexuality in breaking the scheme leading to the optimum sex real sex and finally analyze the different political uses that are given to ...

This dissertation aimed at examining the achievements of the Federal Government of Brazil for lesbians, gays, bisexuals and transsexuals (LGBT), comparing the public policies established by the administrations of Fernando Henrique Cardoso (1995-2002) and Lula (2003-2010) to that community. This study particularly focused on investigating the factors responsible for the progressive reforms made by those governments in order to recognize the human rights of LBGTs in Brazil, and analyzing the relationship between the state and the LGBT Movement, the roles played and discourses employed by each of these actors in those reforms. Attention was also given to the social, economic and political conjuncture of the country, as well as the structures within the government and potential international and transnational influences. The research methods employed were Content Analysis and Discourse Analysis and the objects of my analyses were the following policies: Programa Nacional DST/AIDS, Programa Nacional de Direitos Humanos I, II and III, Programa Brasil sem Homofobia and the Plano Nacional LGBT. The data used were the actual content of those policies, official reports, speeches and articles, existing literature on the topic, as well as interviews performed by me and another author with LGBT activists and government officials. My study revealed that these activists introduced a rights-based discourse in their state-directed strategies which heavily influenced the government's response to the AIDS crisis, with the incorporation of activists as executors of state policies. As a result of the steady engagement between these two actors, activists were able to expand the scope of the government's actions from the health domain to the human rights field. Ultimately, the government turned activists into policy makers and progressively recognized LGBT rights in the public policy domain through discourses of human rights and full citizenship.

Transsexual and transgender identities have been the subject of much debate in recent decades. Approaching these identities raises stimulating challenges to dominant understandings of sex/gender identities. This paper discusses some of these challenges and their implications for the psychosocial comprehension of non-normative identities. Firstly, we outline some basic coordinates from where we approach the issue of identity and, particularly, of sex/gender identity. Then we reflect upon how trans identities can, from a critical perspective, undermine identitarian essentialism and challenge the pathologizing biomedical perspective. This is followed by a brief outline of the multiplicity identity positions and political interests that prevails within the transgender community. Finally, it is suggested, through the figure of the trans-knowledge, a situated perspective to approach this multiplicity that would allow for a transformative coexistence of positions and escape homogenizing theorizations. ; Las identidades transexuales y transgénero han sido tema de extenso debate durante las últimas décadas. Su abordaje a menudo plantea estimulantes desafíos a la comprensión dominante de las identidades de sexo/género. En este artículo buscamos trazar y discutir algunos de los desafíos planteados la comprensión psicosocial de las identidades no-normativas de sexo/género. En un primer momento, esbozamos brevemente las coordenadas teóricas donde nos situamos para aproximarnos al tema de la identidad y, particularmente, a la identidad sexogenérica. A continuación damos cuenta de cómo las identidades trans, desde perspectivas críticas, socavan las identidades esenciales de sexo/género al tiempo que desafían la perspectiva biomédica dominante que las patologiza. Posteriormente buscamos avanzar un breve bosquejo de la multiplicidad y la diferencia de posiciones identitarias y políticas que prevalece al interior de la cuestión trans. Finalmente, se sugiere, a través de la figura de los trans-conocimientos, una perspectiva ...

This paper examines the emergence of non-normative sexual orientations in contemporary Indonesian films. Unlike the representation of sexuality in New Order Indonesian films, which centred on the female reproductive role and presented the nation as constructed of heterosexual families rather than individual citizens, a number of 200()s Indonesian films can be seen as negotiations of new understandings of sexual diversity and individual subjectivity. These films represent a challenge to monolithic and essentialist constructions of sexuality in Indonesia, and portray characters and situations in ways that seem to fulfil the five selection criteria which Griffin and Benshoff (2006) apply to the definition of 'queer' cinema. As such, they are indicative of a paradigm shift in Indonesian cinema, which needs to be studied in association with broader patterns of social and political change. The paper describes three categories in the representation of sexual minorities in contemporary Indonesian films. The first category is represented by films such as Arisanl and , Gie, which portray characters and situations deal with male homosexual subjectivity or homoeroticism. The second category concerns films of this type that portray female characters, such as Detik Terakhirand TentangDia. In the third category are films which depict waria (male to female transgender characters) and transsexuals, represented by Panggil Aku Puspa and Realita Cinta dan Rock n Roll. The paper examines these films in the light of Boellstorff's (2005) study of gay and lesbi communities and subjectivities in Indonesia, as a way of situating them in a larger cultural picture. It suggests that the makers of these films are attempting to change the perception of their audiences about non-normative sexualities, and investigates the strategic devices used by the film makers to subvert censorship codes and social taboos in a country where homosexual behaviour is accommodated, but homosexual identities remain outside the range of socially and culturally-sanctioned subjectivities.

Drawing from the fields of ethnographic and sociological studies, cultural activism, public health and film studies, this volume showcases the work of scholars working mostly outside Euro-America and focuses on cities including Hong Kong, Shanghai and Beijing.