Discrimination Based on Sexual Orientation

The book discusses discrimination based on sexual orientation in the jurisprudence of the European Court of Human Rights (ECtHR) and the Constitutional Court of Korea. The work provides insights into how prohibition on discrimination based on sexual orientation can be realized in South Korea with the reference of the case law of other jurisdictions including mainly from the ECtHR. The book reviews related principles and methodological tools applied in the jurisprudence of the ECtHR. Considering that the rights of sexual minorities are evolving in many jurisdictions including Europe, and this problem is currently of great importance in the constitutional and political discussion, the topic is important to the readers in Europe as well as in Korea.

Provides a comprehensive overview of the topic Concerns theoretical questions of human rights protection up to the legal philosophy Adopts a mulitdisciplinary approach

Auteur

Hyun Jung Lee (Grace) works as Research Associate at the Law Faculty of the Friedrich-Alexander University Erlangen-Nürnberg. She holds a Master's degree in Human Rights and a Ph.D. in Law. She is a qualified Korean lawyer as well as a patent lawyer acknowledged by the Ministry of Justice and Korean Bar Association.

Contenu
Introduction.- Discussions on the Enforcement of Morality.- Legal Recognition of Same-Sex Relationships in Korea and Europe.- The Principle of Non-Discrimination and Anti-Discrimination Law.- Principle of Proportionality in the Case Law of the ECtHR.- Other Relevant Concepts in the Case Law of the ECtHR.- Case analysis: Non-criminalization of same-sex relations.- Case analysis: Same-Sex Marriage.- General Conclusion.