ENSURING THE RIGHTS OF LGBT+ PERSONS IN INTERNATIONAL HUMAN RIGHTS INSTITUTIONS: THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS AND UNITED NATIONS HUMAN RIGHTS INSTITUTIONS

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PDF (Lithuanian)
Published Jul 18, 2023
DOI: https://doi.org/10.13165/JUR-23-30-1-03

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Eitvydas Zurba

Abstract

This article analyzes the practice of the European Court of Human
Rights and the United Nations human rights institutions: the Human Rights Committee (CCPR); the Committee on Economic, Social and Cultural Rights (CESCR); and the Committee on the Elimination of Discrimination against Women (CEDAW) regarding the rights of LGBT+ persons. The review compares the standards formed in the
framework of the European Convention on Human Rights with the standards formed
in the United Nations system, showing that, with exceptions, these two international
legal systems have formed similar standards for the right to the protection of private
and family life, the right to disseminate information about LGBT+ topics, and the right
to peaceful gatherings of LGBT+ individuals. The article analyzes the latest practice in
these areas, drawing historical analogies and thereby making reasonable assumptions
about how the practice of the European Court of Human Rights and the United Nations human rights institutions could develop in the future.

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Issue
Vol. 30 No. 1 (2023): Jurisprudence
Section
Articles
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