The Scope of Sex/Gender in Law : Sexual Orientation and Gender Identity as Legal Concepts

点击翻译按钮获取中文摘要

This study analyzes international human rights law aiming to eliminate sex/gender discrimination and considers the potential for and limits on the protection of human rights with regard to sexual orientation and gender identity(SOGI). It demonstrates that there are three different directions regarding the treatment of SOGI in the context of human rights :(A) interpreting SOGI as an issue of sex/gender,(B) treating SOGI as merely one kind of discrimination or vulnerability issue, and/or(C) defining SOGI as a new category. Even as these may seem incongruous, when we consider the ways they are used in human rights discourse as well as put into practice, it is clear that these three developments are in fact complementary.