CEU Electronic Theses and Dissertations, 2017
| Author | Silva Goncalves, Cristiano Lucas |
|---|---|
| Title | LGBT Rights and their Violation by Anti-LGBT Propaganda Laws : A Constitutional Analysis on the Right to a Queer Voice |
| Summary | The purpose of this research is to analyse the potential violations of human rights of sexual minorities by anti-LGBT propaganda laws. In order to achieve this goal, I will scrutinise the current standards of protection of LGBT rights and the jurisprudence of the European Court of Human Rights related to this group up to the present date, comparing this jurisprudence with that of the Supreme Court of Canada and United Nations Human Rights Committee. I argue that the anti-LGBT propaganda laws are in violation of international standards of human rights, and in order to underpin my claim I advance that, besides historical decisions from the aforementioned Courts denying certain rights to sexual minorities, the evolutive nature of the constitutional provisions these three Courts enforce has forced them, to different extents, to encompass further protection to sexual minorities than initially and explicitly mentioned on the documents they oversee. I analyse the approaches towards the evolution of interpretation and of limitation of rights of sexual minorities within the jurisprudences of the aforementioned Courts and refute the claims brought by states that the anti-LGBT propaganda laws are necessary to the protection of children and of morals. |
| Supervisor | Parmar, Sejal |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2017/goncalves_cristiano.pdf |
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