Assisted Human Reproduction by Medical Techniques and the Respect of the Fundamental Rights and the Dignity of the Parts Involved

Biological Children ◽

Before And After ◽

The Subject ◽

And Gender

Dealing with the subject of the fundamental rights of people involved in medically assisted reproduction, this chapter focuses on the issues surrounding the LGBTI+ population (lesbians, gays, bisexuals, transsexuals, intersexuals, and new genders that are being recognized). Within this group, the importance of biological children, even amongst those who cannot naturally reproduce, is also highlighted. Firstly, the author points out the laws that determine the child's protection, then compares them to real-life examples of actual situations of homophobia including physical and psychological abuse, understanding that children are also subject to the same abuse, not only due to sexual orientation discrimination and gender identity but also from having to grow up in a so-called unusual family structure. The author looks for an answer that will help strengthen the child's fundamental rights both before and after birth.

The Same Difference: Protecting Same-Sex Couples under the Domestic Violence Ordinance

Asian Journal of Comparative Law ◽

10.1017/s2194607800000430 ◽

2009 ◽

Vol 4 ◽

pp. 1-33 ◽

Cited By ~ 2

Author(s):

Puja Kapai

Keyword(s):

Domestic Violence ◽

Same Sex ◽

International Human Rights ◽

Same Sex Marriage ◽

Same Sex Couples ◽

Civil Remedies ◽

The Subject ◽

International Human

AbstractHong Kong recently amended its Domestic Violence Ordinance (“DVO”). During the deliberations, the issue of whether protection under the DVO ought to be extended to same-sex couples arose for discussion and has since been the subject of extensive debate. Religious and conservative groups have argued that including these groups within the DVO risks overhauling the traditional meaning of “family” and could implicitly legitimize same-sex marriage whilst others have insisted that failing to provide equivalent civil remedies under the DVO to such groups amounts to sexual orientation discrimination and is contrary to Hong Kong's international human rights commitments. This paper reviews the various arguments that have been raised against the inclusion of same-sex couples within the DVO and argues that Hong Kong's international and constitutional commitments to the principles of equality and non-discrimination require that samesex couples be brought within the purview of this legislation.

Gods and Services: Religious Groups and Sexual Orientation Discrimination

Ecclesiastical Law Journal ◽

10.1017/s0956618x08001208 ◽

2008 ◽

Vol 10 (2) ◽

pp. 205-209

Author(s):

Russell Sandberg

Keyword(s):

Sexual Orientation ◽

Northern Ireland ◽

Judicial Review ◽

Case Law ◽

Religious Groups ◽

Goods And Services ◽

The Subject ◽

Religious Exemption

Exemptions for religious groups from generally applicable laws are by no means unusual, especially in the field of discrimination law. However, exemptions from laws prohibiting discrimination on grounds of sexual orientation have proved particularly controversial. The legality of exemptions in regulations prohibiting discrimination on grounds of sexual orientation in the employment sphere has been the subject of judicial review and the scope of those exemptions has also been judicially examined. The extension to prohibit discrimination on grounds of sexual orientation in the provision of goods and services has proved controversial, and case law on the extent of the religious exemption included in the British regulations is awaited. In the meantime, a recent judicial review of the corresponding Northern Ireland regulations, which were enacted prior to the British regulations, may be illuminating.

O DIREITO SUCESSÓRIO DOS FILHOS HAVIDOS POR INSEMINAÇÃO ARTIFICIAL HOMÓLOGA PÓS-MORTEM

Revista Científica Semana Acadêmica ◽

10.35265/2236-6717-209-9224 ◽

2021 ◽

Vol 9 (209) ◽

pp. 1-30

Author(s):

LETÍCIA FERNANDES RODRIGUES ◽

Thiago Rodrigues Fernandes

Keyword(s):

Artificial Insemination ◽

Human Reproduction ◽

Post Mortem ◽

Significant Modification ◽

Inheritance Law ◽

Brazilian Legislation ◽

The Subject ◽

The Right ◽

Assisted Reproduction Treatment

The present work aims to analyze whether the children conceived after the death of the parent by homologous fertilization have the right to inheritance, seeking to conceptualize the institutes of inheritance law and artificial insemination, analyzing the constitutional principles and the sources of law, so that find the best answer on the topic. The article will be divided into 3 parts. The first will try to explain the succession law (master of the law that regulates the transfer of assets, rights and obligations to the heir after the death of an individual) in the light of Brazilian legislation, explaining the existing Types of Succession. The second part of this article will address Assisted Human Reproduction, pointing out the different conceptions of the concept of family that has undergone significant modification over time. In addition, the second part will also deal with Artificial Insemination, which is an assisted reproduction treatment that expands the possibilities of fertilization of the egg, as well as its divisions. It also points out the principles of Brazilian law applicable to assisted human reproduction. The last part of this work will analyze post mortem artificial insemination and the effects on inheritance law based on legislation, doctrine and principles applicable to the subject, pointing out the three doctrinal currents that emerged with the aim of filling this legislative vacuum. This research is categorized as explanatory, as it aims to identify the factors that determine and contribute to the succession of the post mortem inseminated child, the procedure used in this study will be the bibliographic research.

Other Women: Thinking Class and Gender in Contemporary Brazilian Documentary Film

Female Agency and Documentary Strategies ◽

10.3366/edinburgh/9781474419475.003.0009 ◽

2018 ◽

Author(s):

Carla Maia

Keyword(s):

Subject Matter ◽

Documentary Film ◽

Before And After ◽

The Subject ◽

The Difference ◽

And Gender ◽

The Aesthetic ◽

The Impact

Focusing on the relational dimension of some selected works, this essay proposes to consider the subject matter as films with women rather than films of women. The main effort is to understand something that takes place in-between spaces – before and after the camera, but also between viewer and film – and critically reflect on the aesthetic, ethical and political potential that a cinema marked by different women’s perspectives can bring to light. The author concludes that instead of reflecting a certain proximity between women, most films by contemporary female documentarists in Brazil, are suffering from the impact of the difference in social station between the director and the women being filmed.

Sexual and Gender Minority Peoples’ Recommendations for Assisted Human Reproduction Services

Journal of Obstetrics and Gynaecology Canada ◽

10.1016/s1701-2163(15)30661-7 ◽

2014 ◽

Vol 36 (2) ◽

pp. 146-153 ◽

Cited By ~ 14

Author(s):

Lori E. Ross ◽

Lesley A. Tarasoff ◽

Scott Anderson ◽

Rachel Epstein ◽

Stu Marvel ◽

...

Keyword(s):

Human Reproduction ◽

Gender Minority ◽

Sexual And Gender Minority ◽

And Gender

Risky Business: Surrogacy, Egg Donation, and the Politics of Exploitation

Canadian Journal of Law and Society / Revue Canadienne Droit et Société ◽

10.1017/cls.2014.14 ◽

2014 ◽

Vol 29 (03) ◽

pp. 361-379 ◽

Cited By ~ 5

Author(s):

Alana Cattapan

Keyword(s):

Life Experiences ◽

Real Life ◽

Reproductive Technologies ◽

Human Reproduction ◽

Egg Donation ◽

Marginalized Women ◽

The Relationship ◽

Risky Business

Abstract This article examines exploitation as a policy rationale for the prohibition of paid surrogacy and egg donation in Canada, focusing on claims of exploitation in parliamentary transcripts and proposed legislation. Its main focus is challenging three assumptions long used to substantiate the prohibition of commercial egg donation and surrogacy, namely: that marginalized women are being exploited; that payment and exploitation are necessarily linked; and that prohibitions on payment are the best means to prevent exploitation in assisted human reproduction. By examining these assumptions, this article assesses the legitimacy of prohibiting payment on the basis of perceived exploitation and suggests that, though much has been done to protect surrogates and donors, little is known about their real-life experiences with reproductive technologies, that the relationship between exploitation and payment is tenuous, and that it remains unclear that prohibiting payment is not doing more harm than good.

An investigation of fit perceptions and promotability in sexual minority candidates

Equality Diversity and Inclusion An International Journal ◽

10.1108/edi-02-2017-0037 ◽

2017 ◽

Vol 36 (7) ◽

pp. 628-646

Author(s):

Shaun Pichler ◽

Oscar Holmes IV

Keyword(s):

Sexual Orientation ◽

Sexual Minority ◽

Gay And Lesbian ◽

Employment Decisions ◽

Manipulation Check ◽

Content Type ◽

And Gender ◽

Fitting In

Purpose The purpose of this paper is to investigate whether sexual minority candidates are viewed as less likely to fit-in in their work environments than heterosexual candidates and, hence, to their being evaluated as less promotable. Design/methodology/approach Consistent with previous research, the authors used a hiring scenario where evaluators saw one of four different resumes, which varied based on candidate sexual orientation and gender, yet were equal on all factors, including candidate qualifications. The research included a pre-test and manipulation check to ensure the validity of the authors’ research design. Findings As the authors expected based on stigma theory, gay and lesbian candidates were more likely to be perceived as unable to fit-in than heterosexual candidates. Perceptions of a lack of fitting-in were negatively related to promotability ratings, as were beliefs about the controllability of sexual orientation. However, counter to the authors’ expectations, gay and lesbian candidates were rated more promotable than heterosexual candidates. This presents a more nuanced picture of sexual orientation discrimination than has been offered heretofore. Originality/value Previous research has suggested that gay men and lesbians may be trapped in “gay ghettos,” yet there is little if any research on evaluations of sexual minority candidates in employment decisions beyond hiring. The present study extends research on sexual orientation discrimination by investigating whether decision makers are biased against gay and lesbian candidates in promotion decisions, and the factors that are related to promotability ratings.

Law, Religion and Gender Equality

Ecclesiastical Law Journal ◽

10.1017/s0956618x0700004x ◽

2007 ◽

Vol 9 (1) ◽

pp. 24-52 ◽

Cited By ~ 14

Author(s):

Julian Rivers

Keyword(s):

Human Rights ◽

Gender Equality ◽

Legal Regulation ◽

Religious Ethics ◽

Long Time ◽

And Gender ◽

Human Rights Standards ◽

Made In

This article traces the recent development of gender equality law, understood broadly to embrace sex, transsexual and sexual orientation discrimination. Against this background it considers the ‘problem’ of religion from two perspectives. First, religion is seen as representing a problematic obstacle to the pursuit of a modern gender equality programme, and this results in judicial tendencies to criticise religion and constrain its significance. Second, religions and religious bodies themselves have difficulties with the new ethic underlying recent legal changes. The tension between religious ethics and the new law has resulted in a series of exceptions for religious bodies. However, these are rather narrow, and can be viewed as the minimum necessary to satisfy international and European human rights standards. The article then considers the enigma of equality and the question-begging nature of much of the law made in its name. It concludes that modern problems are better seen not as a clash between religious liberty and gender equality, but as a shift in conceptions of equality. At the same time, this shift has been accompanied by a significant juridification of what for a long time have been social spaces virtually immune from secular legal regulation. Ironically, a new establishment is being created which barely tolerates dissenters.

CIVIL REGISTRY OF MINOR TRANSGENDER IN BRAZIL AND SPAIN

Revista Direitos Sociais e Políticas Públicas (UNIFAFIBE) ◽

10.25245/rdspp.v8i3.947 ◽

2020 ◽

Vol 8 (3) ◽

pp. 775

Author(s):

Tereza Rodrigues Vieira ◽

M. Esperança Ginebra Molins ◽

Natália Cilião de Almeida

Keyword(s):

Qualitative Methodology ◽

Fundamental Rights ◽

Spanish Law ◽

Free Development ◽

The Subject ◽

And Gender

This article aims to reflect on the adequacy of the name and gender in the Civil Registry of the minor transgender in Brazilian law and Spanish law, since the problem seems to be appeased only with regard to the transgender person of legal age and capable. Spain is slightly ahead of Brazil in this matter, as it already has a constitutional decision in favor of the smallest transgender, however, both countries still do not present rules applicable to these individuals, nor does it have pacification in the judiciary on the subject. Thus, through qualitative methodology, with an emphasis on bibliographic and normative research, elements are presented to bridge the legislative gap in relation to the smallest transgender, in both countries, aiming to alleviate the arduous and slow march of these individuals to ensure the adequacy of the first name and gender, justifying the present study. In this perspective, preventing the desired adequacy may constitute a restriction of their fundamental rights, in addition to preventing the free development of the minor's personality according to their gender.

The Wage Effects of Sexual Orientation Discrimination

ILR Review ◽

10.1177/001979399504800408 ◽

1995 ◽

Vol 48 (4) ◽

pp. 726-739 ◽

Cited By ~ 180

Author(s):

M. V. Lee Badgett

Keyword(s):

Sexual Orientation ◽

Gender Discrimination ◽

General Social Survey ◽

Bisexual Women ◽

Race And Gender ◽

And Bisexual ◽

And Gender ◽

Male Workers

This study is the first to apply the econometric tools developed in the study of race and gender discrimination to the newer question of sexual orientation discrimination. Analyzing pooled 1989–91 data from a national random sample, the General Social Survey, the author finds that gay and bisexual male workers earned from 11% to 27% less than heterosexual male workers with the same experience, education, occupation, marital status, and region of residence. There is also evidence that lesbian and bisexual women earned less than heterosexual women, but this result is not consistently statistically significant across all variable definitions and specifications.