‘SOGIE human rights’: how is the European Court of Human Rights shaping queer emancipation?

Abstract

From what began as a social movement for emancipation, queers are now fighting for freedom, equality and protection via ‘sexual orientation, gender identity and expression (SOGIE) human rights’. This discourse is a relatively recent phenomenon and has evolved based upon existing human rights. Queer legal theory doubts the degree to which marginalised and maligned sexualities, genders and sexes can attain emancipation in a discourse that has previously rendered them absent. It is the aim of the present research to analyse jurisprudence from the strands of criminalisation of homosexuality, the right to private and family life and the right to freedom of assembly and expression in the European Court of Human Rights (ECtHR) with regard to how these form ‘SOGIE human rights’. Through a queer discourse analysis, results revealed how law is shaping queer emancipation. Overwhelmingly, heteronormative assumptions and reinforcement of gender binary were found in the narrative. Contemporaneously, there were developments that indicate an increased ‘queering’ of international law. Bringing awareness to how the SOGIE human rights discourse is constructed questioned the frame, and drew attention to the methodologies of rules, norms and identities inherent to law. Herein lies the power that queers need for emancipation.