Please use this identifier to cite or link to this item:
Title: Activists and Lawyers in the ECtHR: The Struggle for Gay Rights
Authors: Hodson, Loveday C.
First Published: 1-Mar-2014
Publisher: Hart Publishing
Citation: Hodson, LC, Activists and Lawyers in the ECtHR: The Struggle for Gay Rights, ed. anagnostou, D, 'Rights and Courts in Pursuit of Social Change: Legal Mobilisation in the Multi-Level European System (Onati International Series in Law and Society)', Hart Publishing, 2014, pp. 181-204
Abstract: The ECtHR has emerged as a central site upon which important social and political struggles are played out in Europe. Activism in litigation before it though has largely been overlooked; the Court is an institution typically studied through a legalistic lens. While academics such as Upendra Baxi2 and Neil Stammers3 have long insisted that rights have their genesis in social movements rather than formal legal documents, only recently have writers such as Dembour4 began to pay special attention to the European Convention on Human Rights (ECHR) as a site upon which social activists conduct their struggles. In this chapter, I suggest that whilst litigation before the Court is s till heavily individualistic and consequently the role that NGOs play in shaping it should not be exaggerated, there are notable spaces or niches in it in which NGOs are prominent in claiming rights. In particular, this study examines how lawyers and activists have used litigation before the ECtHR as a tool through which to mobilise on behalf of LGBT (lesbian, gay, bi - sexual and transgender) minorities. It also highlights the transformative role of NGOs in framing and shaping rights claims in circumstances where their very nature is contested. [First paragraph]
ISBN: 1849463905
Version: Post-print
Status: Peer-reviewed
Type: Chapter
Rights: Copyright © Bloomsbury Publishing 2015. Archived with written permission by the Publisher. This is not the final print version as published by Bloomsbury and is not to be cited.
Description: The file associated with this record is under a 18-month embargo from publication in accordance with the publisher's self-archiving policy. The full text may be available in the links provided above.
Appears in Collections:Books & Book Chapters, School of Law

Files in This Item:
File Description SizeFormat 
FINAL ONATI CHAPTER JUNE 2013.doc Post-review (final submitted) 207.5 kBMicrosoft WordView/Open
FINAL ONATI CHAPTER JUNE 2013.pdfPost-review (final submitted)478.25 kBAdobe PDFView/Open

Items in LRA are protected by copyright, with all rights reserved, unless otherwise indicated.