Sex, Gender and International Human Rights Law 1st Edition by Gilleri Giovanna 1003806707 9781003806707

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ISBN-10 :  1003806707 

ISBN-13 :  9781003806707

Author:  Gilleri Giovanna 

This book investigates the relationship between sex and gender under international human rights law, and how this influences the formation of individual subjects. Combining feminist, queer, and psychoanalytical perspectives, the author scrutinises the sexed/gendered human rights discourse, starting from the assumptions underpinning interpretations of sex, gender, and the related notions of gender identity, sex characteristics, and sexual orientation. Human rights law has so far offered only a limited account of the diversity of sexed/ gendered subjectivities, being based on a series of simplistic assumptions. Namely, that there are only two sexes and two genders; sex is a natural fact and gender is a social construct; gender is the metonymic signifier for women; and gender power relations take the asymmetrical shape of male domination versus female oppression. Against these assumptions, dominative and subordinate postures interchangeably attach to femininities and masculinities, depending on the subjects’ roles, their positionalities, and the situational meanings of their acts. The limits of an approach to gender which is based on rigid binaries are evident in two case studies, on the UN human rights treaty bodies’ vocabulary on medically unnecessary interventions upon intersex children and on the European Court of Human Rights’ narrative on sadomasochism. This examination of the impact of human rights on gendered subjectivities will be of interest to scholars, students, and researchers in international law, gender studies, queer studies, cultural studies, critical race theory, and psychoanalysis.

Sex, Gender and International Human Rights Law 1st Table of contents:

PART I UNCOVERING BINARY-NORMATIVITY
1 The Psy-Femi-Queer Approach
1.1 A Blended Method
1.1.1 Differences
1.1.2 Categories and Dichotomies
1.1.3 Criticising and Questioning
1.2 Queer Theory as an Analytical Tool
1.2.1 Assimilation
1.2.2 Queer for All
1.3 A Feminist Queer Method
1.4 Voices in the Discourse
1.4.1 Subject Formation
1.4.2 Tensions, and Relaxations
1.5 Linguistic Choices
2 Sexes, Genders, Sexualities
2.1 Sex, Gender, Sex/Gender
2.1.1 A Legal Genealogy of Sex and Gender
2.1.2 Beyond the Sex-versus-Gender Paradigm
2.2 Sex (Characteristics)
2.3 Gender (Identities)
2.4 Sexual Orientations
2.4.1 Sexual Orientations in the Law
2.4.2 The Desire in the Law
2.5 Gendered Constellations, Definitional Gaps
3 Exclusionary Binaries
3.1 Binary-Normativity
3.1.1 The Norms of Gender
3.1.2 Some Effects of the Heterosexual Norm
3.1.3 Legal Formulations
3.2 Interpretive Axioms
3.2.1 Gender as Women’s Monopoly
3.2.2 A Gendered Asymmetry
3.2.3 A Single Version of Gender Relations
3.3 A Few Queer Interpretations
3.4 Beyond Narrow Interpretations
4 Rethinking Victimisation
4.1 Oppression, Survival, and Enjoyment
4.2 Domination and Subordination
4.2.1 Recognition and Dependency
4.2.2 A New Formula
4.3 The Victim and the Perpetrator
4.3.1 The Ideal ‘f’
4.3.2 The Ideal ‘m’
4.4 Multiplicitous Relationships
4.4.1 Masculinities in Danger
4.4.2 Dangerous Femininities
4.5 Abandoning Asymmetry through CEDAW
4.5.1 Cultural Change
4.5.2 Scope for Reinterpretation
4.6 Protections for Ever-Changing Roles
PART II GENDERED INTERPLAYS: VARIATIONS ON A THEME
5 Unspeakable Gender: Medical Sexing Interventions
5.1 Medical Sexing Interventions
5.2 Why Gender?
5.3 Evidence of Gendered Practices
5.3.1 The Subjects Involved
5.3.2 The Practices
5.3.3 Human Rights Abuses
5.4 Ill-Treating Gender ‘Uncertainty’
5.5 Intersex Mainstreaming
5.5.1 An Exception: CAT
5.5.2 Many Perspectives: CRPD, CRC, and Human Rights Committee
5.5.3 Ambiguity: CEDAW Committee
5.6 Integrating Femininities and Masculinities
5.7 Making Sense of Gender in Law
6 A Pleasurable Danger: Sadomasochism
6.1 Sadomasochistic Practices
6.1.1 Domination, Subordination, Recognition
6.1.2 Reversible Roles
6.2 Subject Formation in Sadomasochism
6.2.1 A Quest for Boundaries
6.2.2 Choices and Consent
6.3 Judging Sadomasochism
6.4 Sadomasochism and the Repeal of Sodomy Laws
6.5 Sex, Violence, or Violent Sex?
6.5.1 Laskey in a Nutshell
6.5.2 The Court’s Reasoning
6.5.3 Is Sadomasochism Sexual?
6.5.4 Upside Down Victimisation
6.6 From Victimisation to Sexual Expression
6.6.1 More Than One Victimisation
6.6.2 An Enigmatic Posture
6.6.3 Sadomasochistic Performance as Sexual Expression
6.6.4 Sadomasochism Left Behind
6.7 Some Sex Is Better Than Others
6.8 Rights and Pain
6.9 Disrupting Binaries through Lust

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Tags: Sex, Gender, International, Human Rights, Gilleri Giovanna