A queer kind of ambivalence: CEDAW and gender-based violence against LGBTQI+ persons

Loveday Hodson

Chapter 7 in Research Handbook on Gender, Violence and Law, 2026, pp 109-124 from Edward Elgar Publishing

Abstract: This contribution explores the CEDAW Committee's response to gender-based violence against LGBTQI+ persons. The Committee leads international legal responses to gender-based violence. Recently, it has addressed violence against LGBTQI+ persons through individual communications. From a queer theory perspective, these cases offer opportunities to challenge cis-heteropatriarchal power structures underpinning such violence. This chapter analyzes the Committee's developing case law, including Flamer-Caldera v Sri Lanka. Positive developments include acknowledging structural underpinnings of gender-based violence and recognizing gender as socially constructed. However, a queer lens reveals ambivalence in CEDAW's approach, with certain exclusions and blind spots emerging.

Keywords: CEDAW; Gender-Based Violence; LGBTQI+; Queer Approaches (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035319398
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