CEU Electronic Theses and Dissertations, 2016
| Author | Splavnic, Stanislav |
|---|---|
| Title | The Doctrine of Proportionality in LGBT Rights Adjudication: Challenging Human Rights |
| Summary | In this thesis, I will argue that the methodological framework of proportionality provides features indispensable for a modern human rights adjudicatory body, be it national or international. Proportionality is necessarily capable of increasing the reasoning quality, its clarity and, most importantly - both the internal and international legitimacy of the judgments in LGBT-related cases. At the same time, proportionality, if applied appropriately, is capable of reconciling two opposing groups of interest with regard to the equal protection of rights of LGBT groups, if all four elements of proportionality review are engaged (the legitimate aim, the rational connection between the limiting mean and its aim, the lack of less intrusive alternatives, and balancing). On the one hand, it is dignity of LGBT groups and right not to be discriminated at stake, while on the other - the protection of such values as - the traditional family and public morals. As redundant as they may often sound, these values do necessitate a comprehensive approach by human rights courts. I will attempt to defend my argument by providing two ‘positive’ and two ‘negative’, in my view, examples of proportionality test application, which will be analyzed in light of the aforementioned four-step paradigm. |
| Supervisor | Eszter Polgári |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2016/splavnic_stanislav.pdf |
Visit the CEU Library.
© 2007-2021, Central European University