Over recent years, sexual minorities have growingly gained attention in the human rights discourse. This attention focuses on the de-criminalisation and anti-discrimination of lesbians, gays and others. However, states and human rights instruments remain unwilling to view those belonging to these newly established minorities in their complexity as social individuals and citizens. This makes it very difficult for sexual minorities to do things considered quite “normal” and essential for others, such as living a family life and raising children.
Raising the topic of same-sex families within a human rights discourse remains highly controversial. “Family,” however, is more than a benevolent luxurious minority topic in modern welfare states. The human family constitutes the foundation of the human rights regime and as such is a fundamental cross-sectional institution and mechanism within liberal-democratic societies. Denying lesbians and gays the moral capacity of taking responsibility for partners and children, assigns them an inferior second-class status in society. Framing this distinction with categorical justifications by according them a special minority status, only supports hierarchical distinctions. It needs to be questioned, whether a specific heteronormative life-long man-wife conception of partnership can serve as the (universal) standard for marriage, family and the conception of a “good citizen” and fully recognised member of society or whether it is not this concept of “normality” that needs to be questioned rather than the assumed specificities of excluded “others.”
Table of Contents
- 1 Introduction
- 2 Subject-Creation: Sex, Gender and Embodiment
- 2.1 "Homosexuals" and the Essential Construction of "Lesbigays"
- 2.2 Categorisation and the Struggle for (Equal) Rights
- 3 Subject Differentiation – Liberal Societies
- 3.1 Public and Private — Social and Sexual
- 3.2 Marriage and Family
- 3.3 Citizenship and Gender
- 3.4 Same-Sex Partnerships and Families
- 3.4.1 Filiation
- 3.4.2 Sexuality and Parenting – Questions we don't ask
- 4 Subject-(Non)-Recognition - “The Family” in International
- 4.1 European Convention on Human Rights
- 4.2 European Union
- 4.3 The Rights of the Child
- 4.4 Sexual Rights and Reproductive Rights
- 5 Subject Re-Definition: The Sexy Human Family?
- 5.1 Universally Sexual?
- 5.2 Equally Different?
- 5.3 Politically Autonomous?
- 6 Subjected? – Conclusion
Objectives and Key Themes
This thesis examines the (non)recognition of same-sex families within the human rights discourse. It challenges the heteronormative assumptions underpinning the traditional definition of "family" and its implications for the rights and inclusion of sexual minorities. The work aims to demonstrate how the current focus on sexual orientation as a primary differentiating factor hinders a more complex understanding of lesbians and gays as individuals and citizens, thereby limiting their access to fundamental rights and social participation.
- The social construction of sexuality and its role in shaping legal and social frameworks.
- The limitations of applying a heteronormative model of family to determine legal rights and social inclusion.
- The intersection of human rights, family structures, and citizenship in liberal societies.
- The role of international human rights instruments in addressing the rights of sexual minorities and their families.
- The need for a re-evaluation of societal norms concerning family and citizenship to promote genuine inclusion and equality.
Chapter Summaries
1 Introduction: This introductory chapter sets the stage for the thesis by establishing two key premises. First, it highlights the hyper-sexualization of debates surrounding sexual minorities, which often obscures their complexity as individuals and citizens. Secondly, it argues that the issue of same-sex families is not merely a niche concern for a privileged minority but rather a fundamental question about the very foundation of liberal societies and the interconnectedness of public and private spheres. The chapter posits that denying same-sex couples family status assigns them an inferior societal position and that this distinction needs to be critically examined.
2 Subject-Creation: Sex, Gender and Embodiment: This chapter delves into the social construction of sexuality, specifically focusing on the concepts of "homosexuals" and "lesbigays." It analyzes how these categories are constructed and used, highlighting the power dynamics inherent in such categorizations and their impact on the struggle for equal rights. The chapter argues that these labels often fail to capture the diversity of lived experiences and identities within the LGBTQ+ community.
3 Subject Differentiation – Liberal Societies: This chapter explores the ways in which liberal societies differentiate between individuals and groups based on sexuality and gender. It examines the interplay between public and private spheres, the concept of marriage and family, citizenship, and the specific issue of same-sex partnerships and families. This chapter lays the groundwork for understanding how these social and legal frameworks often exclude same-sex couples and families.
4 Subject-(Non)-Recognition - “The Family” in International: This chapter examines the recognition (or lack thereof) of same-sex families in international human rights law and instruments. It analyzes the stances of the European Convention on Human Rights, the European Union, and relevant children's rights frameworks. The chapter critically evaluates how these legal and political entities address (or fail to address) the rights of same-sex couples and their families, demonstrating the inconsistencies and gaps in existing legal frameworks.
5 Subject Re-Definition: The Sexy Human Family?: This chapter proposes a re-evaluation of the concept of "family" and its relationship to the idea of a "good citizen." It challenges the universality of heteronormative conceptions of partnership, marriage, and family. The chapter explores questions of sexual diversity within the definition of family and considers the implications for political autonomy and social inclusion.
Keywords
Same-sex families, human rights, sexual minorities, heteronormativity, citizenship, family law, legal recognition, discrimination, equality, social inclusion, LGBTQ+ rights, European Convention on Human Rights, European Union, family structures, gender, sexuality.
Frequently Asked Questions: A Thesis on the (Non)Recognition of Same-Sex Families within the Human Rights Discourse
What is the main focus of this thesis?
This thesis examines the recognition (or lack thereof) of same-sex families within the human rights discourse. It challenges heteronormative assumptions about the traditional definition of "family" and its implications for the rights and inclusion of sexual minorities.
What are the key themes explored in the thesis?
Key themes include the social construction of sexuality, the limitations of applying a heteronormative model of family, the intersection of human rights, family structures, and citizenship in liberal societies, the role of international human rights instruments in addressing the rights of sexual minorities and their families, and the need for a re-evaluation of societal norms concerning family and citizenship to promote genuine inclusion and equality.
What are the main chapters and their content?
The thesis is structured as follows: Chapter 1 (Introduction): Sets the stage, highlighting the hyper-sexualization of debates surrounding sexual minorities and arguing that the issue of same-sex families is fundamental to liberal societies. Chapter 2 (Subject-Creation): Explores the social construction of sexuality, focusing on the concepts of "homosexuals" and "lesbigays" and their impact on the struggle for equal rights. Chapter 3 (Subject Differentiation): Examines how liberal societies differentiate based on sexuality and gender, exploring the interplay of public and private spheres, marriage, family, and citizenship in relation to same-sex partnerships. Chapter 4 (Subject-(Non)-Recognition): Analyzes the recognition (or lack thereof) of same-sex families in international human rights law, focusing on the European Convention on Human Rights and the European Union. Chapter 5 (Subject Re-Definition): Proposes a re-evaluation of the concept of "family" and its relationship to citizenship, challenging heteronormative conceptions and exploring sexual diversity within family definitions. Chapter 6 (Conclusion): Summarizes the findings and implications of the research.
What are the key arguments presented in the thesis?
The thesis argues that the current focus on sexual orientation as a primary differentiating factor hinders a more complex understanding of lesbians and gays, limiting their access to fundamental rights. It further argues that denying same-sex couples family status assigns them an inferior societal position and that the heteronormative model of family is insufficient for determining legal rights and social inclusion.
What is the significance of international human rights instruments in the context of this thesis?
The thesis examines how international human rights instruments, such as the European Convention on Human Rights and the frameworks of the European Union, address (or fail to address) the rights of same-sex couples and their families, highlighting inconsistencies and gaps in existing legal frameworks.
What is the proposed solution or call to action presented in the thesis?
The thesis calls for a re-evaluation of societal norms concerning family and citizenship to promote genuine inclusion and equality, challenging the universality of heteronormative conceptions of family and advocating for a more inclusive definition that accounts for sexual diversity.
What keywords are associated with this thesis?
Same-sex families, human rights, sexual minorities, heteronormativity, citizenship, family law, legal recognition, discrimination, equality, social inclusion, LGBTQ+ rights, European Convention on Human Rights, European Union, family structures, gender, sexuality.
- Citation du texte
- Dagmar Mehrtens (Auteur), 2004, Sexy Families for Sexy Citizens?, Munich, GRIN Verlag, https://www.grin.com/document/169758
