Contestations of Transgender Rights and/in the Strasbourg Court

Anna van der Vleuten
Additional contact information
Anna van der Vleuten: Department of Political Science, Radboud University, The Netherlands

Politics and Governance, 2020, vol. 8, issue 3, 278-289

Abstract: Transgender rights are a highly contested issue, upsetting the ‘normal’ ordering of society. In Europe, transgender persons continue to suffer discrimination and harassment, and their rights are contested time and again. Eventually they can turn to the European Court of Human Rights (the Court) in Strasbourg. In such politically sensitive matters, how do judges in Strasbourg decide? Do they set European norms bolstering transgender rights, or do they refrain from interference in state affairs? Testing expectations based on rational and sociological institutionalism, this article analyses all 33 Court cases on transgender issues since 1980. As a judge’s low score on trans rights in their home country does not mean that they vote against trans rights, and as judges do no defend their home country but vote with the ‘pro-state’ or ‘pro-trans’ majority, rationalist expectations were not confirmed. Sociological institutionalist processes of widening and narrowing tell us more about the hesitant and uneven strengthening of transgender rights, if within the limits of binary thinking as regards the transgender body, marriage and family.

Keywords: European Court of Human Rights; gender identity; human rights; transgender (search for similar items in EconPapers)
Date: 2020
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
https://www.cogitatiopress.com/politicsandgovernance/article/view/2876 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cog:poango:v8:y:2020:i:3:p:278-289

DOI: 10.17645/pag.v8i3.2876

Access Statistics for this article

Politics and Governance is currently edited by Carolina Correia

More articles in Politics and Governance from Cogitatio Press
Bibliographic data for series maintained by António Vieira () and IT Department ().