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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Main Author: David Schultz
Format: Article
Language:English
Published: Transilvania University of Brasov Publishing House 2024-01-01
Series:Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law
Subjects:
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.
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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