In this article on Opinio Juris I cast a Critical eye on the emerging jurisprudence of the Human Rights Committee, and the European and Inter-American Courts of Human Rights, concerning violence against sexual and gender minorities.
In my view, in order to effectively and thoroughly address this violence, the law must reckon with its intersectional and performative nature. People are placed at risk not only by how they identify, but by how they are perceived in relation to what is considered ‘normal’. As things stand, for several reasons, the Inter-American Court has come further and been more explicit than the others in its recognition of this.
This article is based on data I collected for my Master’s thesis, which I’m currently trying to publish. If anyone would like the longer version, and the dataset, please drop me a message.
A big thanks to Angela Mudukuti for her helpful advice and feedback.
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