The development and status of sexual orientation discrimination under international human rights law

McGoldrick, Dominic

Abstract

This article assesses the development, status and recognition of a prohibition on sexual orientation discrimination as a matter of international human rights law. The State practice examined appears to reveal fundamental divisions on this issue. The article considers whether there are any treaty-based obligations that support the prohibition on sexual orientation as an existing right. Having examined the national, regional and international human rights jurisprudence on sexual orientation discrimination, the article considers the possible ways forward in policy terms, given the continued opposition from a significant body of States. More specifically, it discusses the most appropriate legal and strategic responses at national, regional and international levels to manage or bridge the divisions between States on the issue.

Citation

McGoldrick, D. (2016). The development and status of sexual orientation discrimination under international human rights law. Human Rights Law Review, 16(4), 613-668. https://doi.org/10.1093/hrlr/ngw030

• Journal Article Type: Article
• Acceptance Date: Jun 9, 2016
• Online Publication Date: Dec 15, 2016
• Publication Date: Dec 1, 2016
• Deposit Date: Jul 1, 2016
• Publicly Available Date: Dec 2, 2018
• Journal: Human Rights Law Review
• Print ISSN: 1461-7781
• Electronic ISSN: 1744-1021
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 16
• Issue: 4
• Pages: 613-668
• DOI: https://doi.org/10.1093/hrlr/ngw030
• Keywords: sexual orientation, equality, non-discrimination, right to privacy, right to family life, human rights obligations, interpretation of human rights treaties
• Public URL: https://nottingham-repository.worktribe.com/output/825649
• Publisher URL: http://hrlr.oxfordjournals.org/content/16/4/613
• Additional Information: This is a pre-copyedited, author-produced PDF of an article accepted for publication in [insert journal title] following peer review. The version of record Dominic McGoldrick The Development and Status of Sexual Orientation Discrimination under International Human Rights Law; Human Rights Law Review 2016 16: 613-668 is available online at: http://hrlr.oxfordjournals.org/content/16/4/613.
• Contract Date: Jul 1, 2016