NCJ Number
138994
Journal
Virginia Journal of International law Volume: 32 Issue: 1 Dated: (Fall 1991) Pages: 157-212
Date Published
1991
Length
56 pages
Annotation
The Council of Europe's Parliamentary Assembly will soon debate an amendment, or Protocol, to the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Protocol is designed to protect lesbians and homosexuals from discrimination by European governments, but also, according to this author, has the potential to create legal obstacles to achieving those rights.
Abstract
This article explores the impact of these international events on the strategy of the European lesbian and homosexual rights movement. The first section discusses the jurisprudence of the European Court of Human Rights and the European Commission of Human Rights on issues related to homosexuality. While these tribunals have ruled that private sexual relationships between consenting adults are protected by the right to privacy, they have not interpreted the Convention as a charter of sexual equality. The second section discusses legal developments related to sexual orientation which have occurred in individual European nations and political achievements attained in the international arena by lesbian and homosexual rights advocates. The article analyzes the Protocol and its potential impact on Convention jurisprudence affecting sexual orientation issues. The author concludes that the likely refusal of certain countries to ratify the Protocol could outweigh its benefits for lesbians and homosexuals in the countries that do accept it. He suggests two approaches to reform: an independent right to equal protection of the laws and a revised sexual orientation protocol. 279 notes