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Discrimination Based on Sexual Orientation

Jurisprudence of the European Court of Human Rights and the Constitutional Court of Korea

  • Book
  • © 2022

Overview

Authors:
  1. Hyun Jung Lee

    1. Public Law, Friedrich Alexander University, Erlangen, Germany

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  • Provides a comprehensive overview of the topic
  • Concerns theoretical questions of human rights protection up to the legal philosophy
  • Adopts a mulitdisciplinary approach

Part of the book series: Interdisciplinary Studies in Human Rights (CHREN, volume 8)

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Table of contents (9 chapters)

  1. Front Matter

    Pages i-xi
    Download chapter PDF

  2. Introduction

    • Hyun Jung Lee
    Pages 1-23

  3. Discussions on the Enforcement of Morality

    • Hyun Jung Lee
    Pages 25-57

  4. Legal Recognition of Same-Sex Relationships in Korea and Europe

    • Hyun Jung Lee
    Pages 59-73

  5. The Principle of Non-Discrimination and Anti-Discrimination Law

    • Hyun Jung Lee
    Pages 75-120

  6. Principle of Proportionality in the Case Law of the ECtHR

    • Hyun Jung Lee
    Pages 121-164

  7. Other Relevant Concepts in the Case Law of the ECtHR

    • Hyun Jung Lee
    Pages 165-185

  8. Case Analysis: Non-Criminalization of Same-Sex Relations

    • Hyun Jung Lee
    Pages 187-209

  9. Case Analysis: Same-Sex Marriage

    • Hyun Jung Lee
    Pages 211-237

  10. General Conclusion

    • Hyun Jung Lee
    Pages 239-252
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Keywords

About this book

The book discusses discrimination based on sexual orientation in the jurisprudence of the European Court of Human Rights (ECtHR) and the Constitutional Court of Korea. The work provides insights into how prohibition on discrimination based on sexual orientation can be realized in South Korea with the reference of the case law of other jurisdictions including mainly from the ECtHR. The book reviews related principles and methodological tools applied in the jurisprudence of the ECtHR. Considering that the rights of sexual minorities are evolving in many jurisdictions including Europe, and this problem is currently of great importance in the constitutional and political discussion, the topic is important to the readers in Europe as well as in Korea. 

Authors and Affiliations

  • Public Law, Friedrich Alexander University, Erlangen, Germany

    Hyun Jung Lee

About the author

Hyun Jung Lee (Grace) works as Research Associate at the Law Faculty of the Friedrich-Alexander University Erlangen-Nürnberg. She holds a Master's degree in Human Rights and a Ph.D. in Law. She is a qualified Korean lawyer as well as a patent lawyer acknowledged by the Ministry of Justice and Korean Bar Association.

 



Bibliographic Information

  • Book Title: Discrimination Based on Sexual Orientation

  • Book Subtitle: Jurisprudence of the European Court of Human Rights and the Constitutional Court of Korea

  • Authors: Hyun Jung Lee

  • Series Title: Interdisciplinary Studies in Human Rights

  • DOI: https://doi.org/10.1007/978-3-030-95423-9

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022

  • Hardcover ISBN: 978-3-030-95422-2Published: 31 March 2022

  • Softcover ISBN: 978-3-030-95425-3Published: 01 April 2023

  • eBook ISBN: 978-3-030-95423-9Published: 30 March 2022

  • Series ISSN: 2509-2960

  • Series E-ISSN: 2509-2979

  • Edition Number: 1

  • Number of Pages: XI, 252

  • Number of Illustrations: 1 b/w illustrations

  • Topics: Human Rights, Gender Studies, Theories of Law, Philosophy of Law, Legal History

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