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Gender identity and sexual orientation in international and national (Norwegian) law

The project will focus on the relationship between gender identity, sexual orientation and the law from the perspective of lesbian, homosexual, transgender and intersex persons.

Rainbow flags are displayed in many cultures around the world as a sign of diversity and inclusiveness.

Illustration photo: Colourbox.com

About the project

Gender identity and sexual orientation are in the throw of social and legal change. Contemporary social science research has challenged scholarship that associates sexuality with a homogenous and binary system of sex and gender.

This project will, through a legal lens, explore how new understandings of the concepts “sex” and “gender” are reflected at the international, national and local level of law. It will explore the relationship between gender identity, sexual orientation and the law from the perspective of lesbian, homosexual, transgender and intersex persons.

Whether and to what extent these categories of persons are recognized in law will be addressed with a focus on the right to legal identity, the right to health, the right to bodily autonomy and integrity and the right to protection against discrimination.

Objectives

The primary objective of the project is to explore the relationship between gender identity, sexual orientation and the law from the perspective of categories of persons that don’t fit into the traditional binary system of sex and gender, either biologically or in terms of gender identity.

It will describe and analyse whether and to what extent the law protects or subordinates individuals based on their different gender identities and sexual orientations with a focus on the right to legal recognition of gender identity, the right to health, the right to bodily integrity and self-determination and the right to protection against discrimination.

Through a combination of legal, ethical and empirical sources the project will explore how law responds to the lived realities and identities of these categories of persons.

The PhD study, which is the main research component, will focus on intersex, transsexual and transgender persons.

Outcomes

The aim of the project is to contribute to a more plural and complex understanding of the individual person who is the subject of law. A related aim is to bridge the gap between new knowledge about gender identity and sexual orientation and the law, and as such contribute to legal recognition of these categories of persons who so far to a large extent have been excluded from legal protection.

Project period

2013 - 2017

Financing

The Research Council of Norway

The University of Oslo

Cooperation

The Centre for Interdisciplinary Gender Research, University of Oslo

The Centre of Legal Studies in Welfare and EU-Market Integration (WELMA), University of Copenhagen

ECSOL (European Commission on Sexual Orientation Law)

PhD Project

Master projects

  • Andrea Gustavsson: Kjønnsidentitet og seksuell orientering som grunnlag for asyl (working title)
  • Lars Arnesen: Juridisk anerkjennelse av alternative kjønnskategorier i norsk rett (working title)
  • Anders Sondrup:

 

Published Jan. 23, 2013 12:10 AM - Last modified Apr. 21, 2017 10:47 AM

Contact

Participants

Detailed list of participants