CEU eTD Collection (2018); Zelayandia Gonzalez, Romeo Ernesto: Combating Homophobic And Transphobic Bullying In Educational Settings: The Role Of Human Rights Law And Positive Obligation

CEU Electronic Theses and Dissertations, 2018
Author Zelayandia Gonzalez, Romeo Ernesto
Title Combating Homophobic And Transphobic Bullying In Educational Settings: The Role Of Human Rights Law And Positive Obligation
Summary Bullying is a problem of a quasi-universal nature that affects children and youth around the world. Given the pervasiveness or bullying as a phenomenon, the United Nations Human Rights monitoring bodies and human rights agencies have paid increasing attention to the phenomenon of bullying in recent years. The truth is, however, that bullying is not yet considered as a human rights violation by any human rights treaty. Regional human rights courts are yet to pay bullying the attention it deserves and there is not available case-law on the matter.
This thesis is based in the premise that despite lack of an explicit recognition either by human right treaties or international human rights case law, bullying is in fact a human rights problem. Throughout the five chapters forming this work, I explore how there are enough human rights legal standards that could be applied and/or expanded to provide effective protections to children and youth who are victims of bullying. Moreover, this thesis aims at providing solutions on how effective human rights litigation could provide protections to victims of homophobic and transphobic bullying.
This thesis is a comparative exercise and explores two regional jurisdictions, the European and Inter-American system of human rights, as well as a domestic jurisdiction, this is British Columbia in Canada.
Supervisor Uitz Renáta; Polgári Eszter .
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2018/zelayandia_romeo.pdf

Visit the CEU Library.

© 2007-2021, Central European University