Robert Wintemute – författare

"Lesbian and gay rights are human rights!" Is this just a political slogan to be chanted outside legislatures? Or are there legal arguments to support the claim that the right to be free from sexual orientation discrimination is a human right? In particular, can national constitutions or international human rights treaties be interpreted as prohibiting discrimination against same-sex activity, gay, lesbian and bisexual individuals, and same-sex couples? Robert Wintemute attempts to answer these questions by examining three of the most commonly used arguments in favour of such an interpretation: sexual orientation is an "immutable status", sexual orientation is a "fundamental choice" (or part of "privacy"), and sexual orientation discrimination is sex discrimination. To assess their merits, he looks at their relative success and failure in cases argued under three of the world's most influential human rights instruments: the United States Constitution, the European Convention on Human Rights, and the Canadian Charter of Rights and Freedoms. He also considers the potential impact of the United Nations Human Rights Committee's recent interpretation of the International Covenant on Civil and Political Rights in Toonen v. Australia.

“Trans rights are human rights!”  “Women’s rights are human rights!”  Yes, but the human rights of two groups often conflict.  The only way to resolve these conflicts is through calm, rational, public debate.  Freedom of expression protects the right of women to question certain demands by trans rights activists, even if this might offend.  Raising conflicts between transgender rights and women’s rights is not “transphobic”, because disagreement is not hatred.  The concept of “transphobia” should be defined narrowly as statements or acts indicating hostility or prejudice towards transgender persons.  If the right to speak about conflicts is protected, and we start by acknowledging the broad areas of agreement about the human rights of transgender people, we can turn to the substance of these conflicts.Should it be possible for an individual to change their legal sex? If so, how easy should it be?  Should it be changeable only after a diagnosis of gender dysphoria and a waiting period?  Or should it be sufficient to “self-identify” as a person of the opposite sex?  Or should sex be removed from birth certificates, so that there is nothing to change? Robert Wintemute carefully examines these conflicts, considers the differences between transgender rights and lesbian, gay and bisexual (LGB) rights, and proposes ways to achieve co-existence between transgender rights and women’s and children’s rights.Also available as an audiobook.

“Trans rights are human rights!”  “Women’s rights are human rights!”  Yes, but the human rights of two groups often conflict.  The only way to resolve these conflicts is through calm, rational, public debate.  Freedom of expression protects the right of women to question certain demands by trans rights activists, even if this might offend.  Raising conflicts between transgender rights and women’s rights is not “transphobic”, because disagreement is not hatred.  The concept of “transphobia” should be defined narrowly as statements or acts indicating hostility or prejudice towards transgender persons.  If the right to speak about conflicts is protected, and we start by acknowledging the broad areas of agreement about the human rights of transgender people, we can turn to the substance of these conflicts.Should it be possible for an individual to change their legal sex? If so, how easy should it be?  Should it be changeable only after a diagnosis of gender dysphoria and a waiting period?  Or should it be sufficient to “self-identify” as a person of the opposite sex?  Or should sex be removed from birth certificates, so that there is nothing to change? Robert Wintemute carefully examines these conflicts, considers the differences between transgender rights and lesbian, gay and bisexual (LGB) rights, and proposes ways to achieve co-existence between transgender rights and women’s and children’s rights.Also available as an audiobook.

“Trans rights are human rights!”  “Women’s rights are human rights!”  Yes, but the human rights of two groups often conflict.  The only way to resolve these conflicts is through calm, rational, public debate.  Freedom of expression protects the right of women to question certain demands by trans rights activists, even if this might offend.  Raising conflicts between transgender rights and women’s rights is not “transphobic”, because disagreement is not hatred.  The concept of “transphobia” should be defined narrowly as statements or acts indicating hostility or prejudice towards transgender persons.  If the right to speak about conflicts is protected, and we start by acknowledging the broad areas of agreement about the human rights of transgender people, we can turn to the substance of these conflicts.Should it be possible for an individual to change their legal sex? If so, how easy should it be?  Should it be changeable only after a diagnosis of gender dysphoria and a waiting period?  Or should it be sufficient to “self-identify” as a person of the opposite sex?  Or should sex be removed from birth certificates, so that there is nothing to change? Robert Wintemute carefully examines these conflicts, considers the differences between transgender rights and lesbian, gay and bisexual (LGB) rights, and proposes ways to achieve co-existence between transgender rights and women’s and children’s rights.

Should same-sex couples be permitted to marry? Or should a separate institution of "registered partnership" or "civil union" be created for them? Or should the rights and duties of unmarried different-sex couples be extended to them? Should they be allowed to adopt each other's children, or jointly adopt an unrelated child? How should they be treated with regard to employment, social security, pensions, housing, immigration, taxation, inheritance, and divorce? These questions are being debated around the world, as lesbian, gay, bisexual and transgendered persons increasingly (but not uniformly) insist that they cannot be truly equal without equal treatment for the loving and lasting relationships they form with their partners. In "Legal Recognition of Same-Sex Partnerships", an international team of scholars examines both theoretical issues and the wide variety of legal developments in the United States, Canada, Brazil, thirteen European countries, Israel, South Africa, India, Japan, China, Australia and New Zealand, as well as under European Community and European Convention law, and United Nations human rights law.

Should same-sex couples be permitted to marry? Or should a separate institution of "registered partnership" or "civil union" be created for them? Or should the rights and duties of unmarried different-sex couples be extended to them? Should they be allowed to adopt each other''s children, or jointly adopt an unrelated child? How should they be treated with regard to employment, social security, pensions, housing, immigration, taxation, inheritance, and divorce? These questions are being debated around the world, as lesbian, gay, bisexual and transgendered persons increasingly (but not uniformly) insist that they cannot be truly equal without equal treatment for the loving and lasting relationships they form with their partners. In "Legal Recognition of Same-Sex Partnerships", an international team of scholars examines both theoretical issues and the wide variety of legal developments in the United States, Canada, Brazil, thirteen European countries, Israel, South Africa, India, Japan, China, Australia and New Zealand, as well as under European Community and European Convention law, and United Nations human rights law.

Homophobia exists in many different forms across Europe. Member States offer uneven levels of legal protection for lesbian and gay rights; at the same time the social meanings and practices relating to homosexuality are culturally distinct and intersect in complex ways with gender, class and ethnicity in different national contexts.The essays in this volume illustrate the findings of a European project on homophobia and fundamental rights in which sociologists and legal experts have analysed the position in four Member States: Italy, Slovenia, Hungary and the UK.The first part of the book investigates the sociological dimensions of homophobia through qualitative methods involving both heterosexual and self-defined lesbian and gay respondents, including those in ethnic communities. The aim is to understand how homophobia and homosexuality are defined and experienced in the everyday life of participants.The second part is devoted to a legal analysis of how homophobia is reproduced ''in law'' and how it is confronted ''with law''. The analysis examines statute and case law; ''soft law''; administrative practices; the discussion of bills within parliamentary committees; and decisions of public authorities. Among the areas discussed are ''hate crimes'' and ''hate speech''; education at all levels; free movement, immigration and asylum; and cross-border reproductive services.Please note that this book is also available as a free PDF download. For further information please click on the link below:www.citidive.eu/en/rapporti-e-prodotti/.