Found 1 project
Oral Presentation 1
11:00 AM to 12:30 PM
- Presenter
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- Claire Helene (Claire) Gupta, Senior, Law, Societies, & Justice UW Honors Program
- Mentors
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- Rachel Cichowski, Law, Societies, and Justice, Political Science
- Megan McCloskey, School of Law
- Session
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Session O-1C: Law, Politics and Courts in Comparative and International Context
- 11:00 AM to 12:30 PM
Recognition of LGBTIQ+ rights has expanded rapidly over the last few decades, yet remain contentious in many countries. Debates over the religious, moral and political stakes of acknowledging these human rights have persisted on a global scale. The purpose of this study is to understand how international legal systems are responsive to LGBTIQ+ legal claims. This is done through examining LGBTIQ+ rights complaint cases before the United Nations (UN) treaty-based bodies to analyze the degree to which LGBTIQ+ rights have expanded in scope and what factors impacted this expansion. The UN complaints procedures allow individuals or groups to assert claims and challenge the denial of rights by the State outside of their own national court systems. While committee decisions are not binding, they can be valuable advocacy tools that can empower domestic actors, validate claims of rights, and provide guidance for State action. The extent to which complaints processes are being used to assert the rights of LGBTIQ+ people has not yet been comprehensively examined. This paper will review decisions and state party reports published in the UN Jurisprudence Database and Treaty Body Database to consider how rights and politics have influenced treaty body verdicts, and then conclude that while broad language and increased political traction can lead to expansions of rights, narrow phrasing and controversial issues, such as family life, can restrict treaty body decision-making. Although the focus of this paper is on LGBTIQ+ rights, this study provides a general framework for utilizing complaint cases to analyze how specific human rights have progressed at the UN.