Tuesday, 7 February 2017

New article on same-sex marriage

Malcolm Langford, from the University of Oslo, has made available a paper called "Revisiting Joslin v. New Zealand: Same-Sex Marriage in Polarised Times". Readers of this Blog may be interested in the paper because of its consideration of Article 12 of the Convention in relation to same-sex marriage.

Here is the abstract:

In Joslin v. New Zealand (2002), the UN Human Rights Committee rejected the claim that marriage equality could be grounded in the International Covenant on Civil and Political Rights (ICCPR). Some scholars have argued that emerging state practice and a proper understanding of the drafting of the convention now justify the argument for marriage equality. Instead, this paper argues that a project of human rights integration reveals, paradoxically, additional legal challenges. Taking a departure point in relevant regional and national judgments, the chapter sets out a three-tiered cumulative argument for a right to same-sex marriage in Article 23(2) of the ICCPR. The crux of the argument is that the Committee will be able to recognise marriage equality when the ordinary meaning of ‘marriage’ becomes ambiguous as to the gender identity of spouses.

The paper can be found here:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2912904

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