Subsidiarity v. Pan-europeanism: LGBTQ and Transgender Rights in the EU and under the European Convention of Human Rights
The European Union and the Council of Europe were supposed to create continent-wide standards and rule for governance, commerce, and human rights. Yet subsidiarity remains an important principle respecting state-specific policy. Occasionally Pan-Europeanism and subsidiarity con...
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| Format: | Article |
| Language: | English |
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Transilvania University of Brasov Publishing House
2024-01-01
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| Series: | Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law |
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| Online Access: | https://webbut.unitbv.ro/index.php/Series_VII/article/view/6942/5305 |
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| author | David Schultz |
| author_facet | David Schultz |
| author_sort | David Schultz |
| collection | DOAJ |
| description | The European Union and the Council of Europe were supposed to create continent-wide standards and rule for governance, commerce, and human rights. Yet subsidiarity remains an important principle respecting state-specific policy. Occasionally Pan-Europeanism and subsidiarity conflict and this is the case with LGBTQ and transgender rights. This Article examines the legal tensions surrounding the protection of human rights as it addresses transgender individuals and members of the LGBTQ community. It argues that the current framework of law supporting subsidiarity is inconsistent with the broader goals of non-discrimination at the heart of the values of both the European Union and the Council of Europe. |
| format | Article |
| id | doaj-art-805a2ccb89854545852aaa07e2df91e5 |
| institution | OA Journals |
| issn | 2066-7701 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | Transilvania University of Brasov Publishing House |
| record_format | Article |
| series | Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law |
| spelling | doaj-art-805a2ccb89854545852aaa07e2df91e52025-08-20T02:23:59ZengTransilvania University of Brasov Publishing HouseBulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law2066-77012024-01-0116(65)Special Issue6372https://doi.org/10.31926/but.ssl.2023.16.65.3.8Subsidiarity v. Pan-europeanism: LGBTQ and Transgender Rights in the EU and under the European Convention of Human RightsDavid Schultz0Hamline University and the University of Minnesota, United StatesThe European Union and the Council of Europe were supposed to create continent-wide standards and rule for governance, commerce, and human rights. Yet subsidiarity remains an important principle respecting state-specific policy. Occasionally Pan-Europeanism and subsidiarity conflict and this is the case with LGBTQ and transgender rights. This Article examines the legal tensions surrounding the protection of human rights as it addresses transgender individuals and members of the LGBTQ community. It argues that the current framework of law supporting subsidiarity is inconsistent with the broader goals of non-discrimination at the heart of the values of both the European Union and the Council of Europe.https://webbut.unitbv.ro/index.php/Series_VII/article/view/6942/5305europeeuropean uniontransgenderhuman rightssubsidiarity |
| spellingShingle | David Schultz Subsidiarity v. Pan-europeanism: LGBTQ and Transgender Rights in the EU and under the European Convention of Human Rights Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law europe european union transgender human rights subsidiarity |
| title | Subsidiarity v. Pan-europeanism: LGBTQ and Transgender Rights in the EU and under the European Convention of Human Rights |
| title_full | Subsidiarity v. Pan-europeanism: LGBTQ and Transgender Rights in the EU and under the European Convention of Human Rights |
| title_fullStr | Subsidiarity v. Pan-europeanism: LGBTQ and Transgender Rights in the EU and under the European Convention of Human Rights |
| title_full_unstemmed | Subsidiarity v. Pan-europeanism: LGBTQ and Transgender Rights in the EU and under the European Convention of Human Rights |
| title_short | Subsidiarity v. Pan-europeanism: LGBTQ and Transgender Rights in the EU and under the European Convention of Human Rights |
| title_sort | subsidiarity v pan europeanism lgbtq and transgender rights in the eu and under the european convention of human rights |
| topic | europe european union transgender human rights subsidiarity |
| url | https://webbut.unitbv.ro/index.php/Series_VII/article/view/6942/5305 |
| work_keys_str_mv | AT davidschultz subsidiarityvpaneuropeanismlgbtqandtransgenderrightsintheeuandundertheeuropeanconventionofhumanrights |