European Sexual Citizenship

Ammaturo, Francesca Romana

doi:10.1007/978-3-319-41974-9

Cited by 52 publications

(12 citation statements)

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“…78 In other words, as Ammaturo stated, the ECtHR has demonstrated only a limited knowledge of the sociological data available on the different experiences, identities, and kinship and life arrangements of trans* persons across Europe. 79 This conclusion is striking, especially considering its clear inconsistency with other elements in the Court's own broader trans* case law. 80 Indeed, in the cases of Van Kück v. Germany and Schlumpf v. Switzerland, 81 which concerned access of transsexual persons to trans* specific health care, the Court noted that determining the medical necessity of sex reassignment measures is not a matter of legal definition or appreciation.…”

Section: Facilitation Of Enduringmentioning

confidence: 99%

“…On the basis of this pathologising rhetoric, the ECtHR, like many other courts and legislators, thus has quasi-exclusively focused on transsexuality and mostly ignored the existence of a broader gender spectrum, despite its evolving terminology. 75 While it needs to be acknowledged that most cases that have reached Strasbourg concerned (post-operative) transsexual persons, the ECtHR already had the chance to broaden the scope of legal gender recognition from the 'true transsexual' 76 to other gender nonconforming persons in 2008, with the case of Nun˜ez v. France. Although in the cases of A.P., Garçon and Nicot v. France and S.V.…”

Section: Facilitation Of Enduringmentioning

confidence: 99%

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The pathologisation of trans* persons in the ECtHR’s case law on legal gender recognition

Cannoot

2019

Netherlands Quarterly of Human Rights

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The European Court of Human Rights is the human rights monitoring body that has dealt with the largest number of cases related to gender identity and trans* persons. In this regard, it has recognised under Article 8 ECHR both a right to gender self-determination and a positive obligation for the State to adopt a procedure for legal gender recognition. However, Contracting States were given a wide margin of appreciation to set conditions for the legal recognition of a person’s actual gender identity, leading to the acceptance by the Strasbourg Court of pathologising requirements such as a diagnosis of gender dysphoria and compulsory sex reassignment surgery. This contribution analyses and conceptually explains this message of trans* pathologisation in the ECtHR’s case law. Subsequently, on a normative level, it argues that this case law cannot be upheld taking into account the international trend towards full trans* depathologisation, and the scope of the margin of appreciation that States (ought to) have in cases concerning gender identity.

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Section: Facilitation Of Enduringmentioning

confidence: 99%

Section: Facilitation Of Enduringmentioning

confidence: 99%

The pathologisation of trans* persons in the ECtHR’s case law on legal gender recognition

Cannoot

2019

Netherlands Quarterly of Human Rights

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“…Moreover, the universalized nature of LGBT rights embodied by the legal concept of SOGIESC erases all other attributes of nonheteronormative persons as less important features. Consequently, not 'properly queer subjects' (Puar, 2007: xiii), a description more or less explicitly constitutive of at least some LGBT activist projects in Wrocław, are those unwilling (or unable) to practice the homonormativity emerging from the aforementioned 'Pink Agenda' of the EU (Ammaturo, 2017).…”

Section: The Lgbt Projectsmentioning

confidence: 99%

“…In the context of LGBT rights, these non-EU European institutions comprise the Council of Europe and the European Court of Human Rights, which are among the main European actors in the field of human rights protection (seeAmmaturo, 2017).…”

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confidence: 99%

Europeanization on the Move

Baer

2020

Intersections

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Drawing on ethnographic research conducted in Wrocław, Poland, the paper analyzes grassroots workings of European sexual citizenship. Against this backdrop, it attempts to problematize a concept of Europeanization as vertical and horizontal diffusion which spreads specific ideas, practices, and institutions among actual and prospective EU Member States. Whereas (neo)liberal LGBT rights, seen as a symbol of Europeanness, have definitely inspired struggles for sexual freedom in Poland, abstract notions of Europe and Europeanization do not form an important point of reference, at least at a local level. Moreover, premises of European sexual citizenship are in many ways contested by non-heteronormative persons unwilling (or unable) to use this frame for the conceptualization of their own experiences. On the other hand, because the EU and neoliberalism constitute significant antagonists of Polish right-wing nationalism, this allows for a certain resignification of interrelated phenomena criticized elsewhere as ‘homonormative’ and ‘homonationalist.’ While these phenomena undoubtedly trigger specific inclusions and exclusions, they also have the potential to contribute to critical citizenship. Consequently, instead of grasping Europeanization in a teleological way, the paper argues for taking it as an image that may fuel social change, variously conceived of.

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“…As Ammaturo notes, the Resolution for the first time legitimated calls`to establish a common framework for the evaluation of all invasive medical and surgical practices on children carried out without their informed consent.' 61 Unsurprisingly, therefore, it too has generated countermeasures. 62…”

Section: The Gendered Politics Of Genital Cuttingmentioning

confidence: 99%

Bodily Integrity, Embodiment, and the Regulation of Parental Choice

Fox

Thomson

2017

Journal of Law and Society

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In this article we develop a new model of bodily integrity that we designate ‘embodied integrity’. We deploy it to argue that non‐therapeutic interventions on children should be considered within a decision‐making framework that prioritizes embodied integrity. This would counter the excessive decision‐making power that law currently accords to parents, protecting the child's immediate and future interests. Focusing on legal responses to genital cutting, we suggest that current legal understandings of bodily integrity are impoverished and problematic. By contrast, adoption of an ‘embodied integrity’ model carves out a space for children's rights, while avoiding these negative consequences. We propose that embodied integrity should trump competing values in any best‐interests assessment where a non‐therapeutic intervention is requested. Drawing on Drucilla Cornell and Joel Feinberg's theories we argue that protecting a child's embodied integrity is essential to guarantee his/her right to make future embodied choices and become a fully individuated person.

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European Sexual Citizenship

Cited by 52 publications

References 0 publications

The pathologisation of trans* persons in the ECtHR’s case law on legal gender recognition

The pathologisation of trans* persons in the ECtHR’s case law on legal gender recognition

Europeanization on the Move

Bodily Integrity, Embodiment, and the Regulation of Parental Choice

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