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.
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.
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.
2013 - 2018
The Research Council of Norway (Fri prosjektstøtte for humaniora og samfunnsfag (FRIHUMSAM))
Avdeling for kvinnerett, barnerett, likestillings- og diskrimineringsrett (KVIBALD)
Department of international and public law, The University of Oslo
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)
- Anniken Sørlie: The Right to Gender Identity
- Andrea Gustavsson: Fra handling til identitet - troverdighetsvurderingen i seksualitetsbaserte asylsaker
- Lars Arnesen: Verken mann eller kvinne i pass og identitetspapirer - En utredning av internasjonale og nasjonale krav til kjønnsmarkører i identitetspapirer
- Anders Sondrup: Har barnet rett til rett kjønn? - En vurdering av hvorvidt barnet har krav på pubertetsutsettende og feminiserende eller maskuliniserende hormonbehandling ved kjønnsinkongruens