Six international legal norms on the protection of same-sex partnership have emerged

In this blog the author presents the main conclusions from his fully revised and updated article ‘Same-Sex Partnership, International Protection’ in the online Max Planck Encyclopedia of Public International Law. Earlier versions of that article were published in 2009, 2012 and 2014. This July 2021 update of his article discusses all 50 rulings on the topic given by international judicial and quasi-judicial bodies, plus various decisions of other bodies of UN, EU and other international organizations. The article covers human rights law and international staff law, and touches on rules of free movement and private international law). His analysis of this growing body of international law, led the author to conclude that by 2021 six international legal norms that have emerged on the protection and recognition of same-sex partners. The article 'Same-Sex Partnership, International Protection' is available online (to subscribers only, but sometimes also to others) at: https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1739.Effective Protection of Fundamental Rights in a pluralist worldExploring the Frontiers of International La

The Right to a Privilege? Homonormativity and the Recognition of Same-Sex Couples in Europe

The Council of Europe (CoE) and its judicial body, the European Court of Human Rights, are at the forefront of the debate for the redefinition of the notion of ‘family’ in relation to the inclusion of same-sex couples. The recent jurisprudence has demonstrated a change in the Court’s approach to the question of what counts as a family, by terms of Article 12 of the European Convention on Human Rights. This much-anticipated development, nonetheless, begs the question of how the ‘right to marry and found a family’ might prove to be a privilege rather than a right. This article tries to shed light on the contradictions underpinning the expansion of the concept of family in the context of the CoE, suggesting the existence of a conflation of both heteronormative and homonormative narratives of kinship in the construction of a notion of the ‘family’ that encompasses same-sex couples

The relationship between LGBT inclusion and economic development: macro-level evidence

This study analyzes the relationship between social inclusion of lesbian, gay, bisexual, and transgender (LGBT) people and economic development. It uses legal and economic data for 132 countries from 1966 to 2011. Previous studies and reports provide substantial evidence that LGBT people are limited in their human rights in ways that also create economic harms, such as lost labor time, lost productivity, underinvestment in human capital, and the inefficient allocation of human resources. This analysis uses a fixed effects regression approach and a newly-created dataset – Global Index on Legal Recognition of Homosexual Orientation (GILRHO) – to assess how these detriments are related to the macroeconomy. Our study finds that an additional point on the 8-point GILRHO scale of legal rights for LGB persons is associated with an increase in real GDP per capita of approximately $2000. A series of robustness checks confirm that this index continues to have a positive and statistically significant association with real GDP per capita after controlling for gender equality. In combination with the qualitative evidence from previous studies and reports, our quantitative results suggest that LGBT inclusion and economic development are mutually reinforcing. Also, a back-of-the-envelope estimate suggests that about 6% to 22% of the finding could reflect the costs to GDP of health and labor market stigmatization of LGB people. Results from this study can help to better understand how the fuller enjoyment of human rights by LGBT people can contribute to a country’s economic development.The dataset used for this article, including the 1966-2011 data of the Global Index on Legal Recognition of Homosexual Orientation (GILRHO) for 132 countries, is available in Appendix A to this article (under “Download Spreadsheet”).Effective Protection of Fundamental Rights in a pluralist worl

‘A question of equality and choice’: same-sex couples’ attitudes towards civil partnership after the introduction of same-sex marriage

Since the introduction of same-sex marriage, there have been two parallel institutions (marriage and civil partnership) for the legal recognition of same-sex relationships in England, Wales and Scotland. The current study aimed to examine how those in a civil partnership or a same-sex marriage perceive civil partnership in the context of marriage equality. Eighty-two respondents completed a qualitative online survey, and their responses were analysed thematically. The respondents were divided between those who viewed civil partnership as: 1) a stepping stone to equality, and felt that civil partnerships should be discontinued; 2) a form of legal recognition free from cultural baggage, and argued the Government should make civil partnership available for all; or 3) those who displayed ambivalence and conflicting views. We conclude by discussing how the principle of formal equality underpinned opinions on all sides, and what implications this might have for how we understand discrimination

Les couples homosexuels et l'enregistrement de leur union: rapprochement avec les couples hétérosexuels et recherche comparative internationale.

FDR De bescherming van fundamentele rechten in een integrerend Europa ou

(Same)-sex in the City: urbanisation and LGBTI rights expansion

Despite the notable successes of lesbian, gay, bisexual, transgender and intersex (LGBTI) activism in the region, individual European countries have varied considerably in the extent and speed with which they have adopted legislation to recognise the rights of their LGBTI citizens. Scholars have often turned to modernisation theory to explain these variable outcomes and argue that high levels of national wealth are an important factor in the success of LGBTI movements. Although the correlation between modernity, economic development and tolerance of LGBTI lifestyles is often treated as a truism in the literature, scholars have paid less attention to the precise mechanisms by which the complex processes associated with modernisation facilitate policy change. Drawing on the classic works of both modernisation theory and gay and lesbian history, we examine a less explored route by which modernisation leads to the expansion of LGBTI rights. Specifically, we posit that urbanisation facilitates the adoption of rights policies by strengthening LGBTI movements and enhancing their political effectiveness. To test this proposition, we use event history analysis and an original dataset that contains measures for institutional, cultural, economic and movement variables, as well as measures of urbanisation in 44 European countries between 1980 and 2015. Our findings support the contention that urbanisation has a strong effect on the formation of LGBTI movement organisations as well as the speed with which European states adopt both same‐sex union and anti‐discrimination legislation. The relationship between urbanisation and rights expansion persists even after controlling for a country's level of wealth, religious adherence and the influence of European institutions and norms

Obstetric fistula in Burundi: a comprehensive approach to managing women with this neglected disease.

BACKGROUND: In Burundi, the annual incidence of obstetric fistula is estimated to be 0.2-0.5% of all deliveries, with 1000-2000 new cases per year. Despite this relatively high incidence, national capacity for identifying and managing obstetric fistula is very limited. Thus, in July 2010, Medecins Sans Frontieres (MSF) set up a specialised Obstetric Fistula Centre in Gitega (Gitega Fistula Centre, GFC), the only permanent referral centre for obstetric fistula in Burundi. A comprehensive model of care is offered including psychosocial support, conservative and surgical management, post-operative care and follow-up. We describe this model of care, patient outcomes and the operational challenges. METHODS: Descriptive study using routine programme data. RESULTS: Between July 2010 and December 2011, 470 women with obstetric fistula presented for the first time at GFC, of whom 458 (98%) received treatment. Early urinary catheterization (conservative management) was successful in four out of 35 (11%) women. Of 454 (99%) women requiring surgical management, 394 (87%) were discharged with a closed fistula, of whom 301 (76%) were continent of urine and/or faeces, while 93 (24%) remained incontinent of urine and/or faeces. In 59 (13%) cases, the fistula was complex and could not be closed. Outcome status was unknown for one woman. Median duration of stay at GFC was 39 days (Interquartile range IQR, 31-51 days). CONCLUSION: In a rural African setting, it is feasible to implement a comprehensive package of fistula care using a dedicated fistula facility, and satisfactory surgical repair outcomes can be achieved. Several operational challenges are discussed

Predictors and outcome of surgical repair of obstetric fistula at a regional referral hospital, Mbarara, western Uganda

<p>Abstract</p> <p>Background</p> <p>Obstetric fistula although virtually eliminated in high income countries, still remains a prevalent and debilitating condition in many parts of the developing world. It occurs in areas where access to care at childbirth is limited, or of poor quality and where few hospitals offer the necessary corrective surgery.</p> <p>Methods</p> <p>This was a prospective observational study where all women who attended Mbarara Regional Referral Hospital in western Uganda with obstetric fistula during the study period were assessed pre-operatively for social demographics, fistula characteristics, classification and outcomes after surgery. Assessment for fistula closure and stress incontinence after surgery was done using a dye test before discharge</p> <p>Results</p> <p>Of the 77 women who were recruited in this study, 60 (77.9%) had successful closure of their fistulae. Unsuccessful fistula closure was significantly associated with large fistula size (Odds Ratio 6 95% Confidential interval 1.46-24.63), circumferential fistulae (Odds ratio 9.33 95% Confidential interval 2.23-39.12) and moderate to severe vaginal scarring (Odds ratio 12.24 95% Confidential interval 1.52-98.30). Vaginal scarring was the only factor independently associated with unsuccessful fistula repair (Odds ratio 10 95% confidential interval 1.12-100.57). Residual stress incontinence after successful fistula closure was associated with type IIb fistulae (Odds ratio 5.56 95% Confidential interval 1.34-23.02), circumferential fistulae (Odds ratio 10.5 95% Confidential interval 1.39-79.13) and previous unsuccessful fistula repair (Odds ratio 4.8 95% Confidential interval 1.27-18.11). Independent predictors for residual stress incontinence after successful fistula closure were urethral involvement (Odds Ratio 4.024 95% Confidential interval 2.77-5.83) and previous unsuccessful fistula repair (Odds ratio 38.69 95% Confidential interval 2.13-703.88).</p> <p>Conclusions</p> <p>This study demonstrated that large fistula size, circumferential fistulae and marked vaginal scarring are predictors for unsuccessful fistula repair while predictors for residual stress incontinence after successful fistula closure were urethral involvement, circumferential fistulae and previous unsuccessful fistula repair.</p