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Discrimination Based on Sexual Orientation: Jurisprudence of the European Court of Human Rights and the Constitutional Court of Korea


ISBN13: 9783030954222
Published: March 2022
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £99.99



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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.

Subjects:
Human Rights and Civil Liberties, Other Jurisdictions , Asia
Contents:
Introduction
Discussions on the Enforcement of Morality
Legal Recognition of Same-Sex Relationships in Korea and Europe
The Principle of Non-Discrimination and Anti-Discrimination Law
Principle of Proportionality in the Case Law of the ECtHR
Other Relevant Concepts in the Case Law of the ECtHR
Case analysis: Non-criminalization of same-sex relations
Case analysis: Same-Sex Marriage
General Conclusion