Tenth edition of the Netherlands manual on how to refer to literature, case law, legislation and other sources in law publications written in Dutch. How to do footnotes, bibliographies,... Show moreTenth edition of the Netherlands manual on how to refer to literature, case law, legislation and other sources in law publications written in Dutch. How to do footnotes, bibliographies, abbreviations etc. (157 pages). Its first edition came out in 1997. Show less
Over the last 30 years, more than 85 countries have prohibited sexual orientation discrimination in employment. Enacting such legal prohibitions has thereby become the most common form of legal... Show moreOver the last 30 years, more than 85 countries have prohibited sexual orientation discrimination in employment. Enacting such legal prohibitions has thereby become the most common form of legal recognition of homosexual orientation (more so than the decriminalisation of homosexual sex or the opening up of family law to same-sex partners). The trend is global (ten countries in Africa, more in Asia/Oceania, many in Europe and the Americas). The trend is reflected in supranational rules of the European Union and the Organisation of American States and also in decisions of international human rights bodies. On the basis of these numbers and developments, and in light of the various factors that help explain the strength of this global trend, the author argues that it is to be expected that the trend will continue to reach more and more countries. Explicit legal prohibitions of sexual orientation discrimination in employment can play a useful – perhaps central – role amongst other legal, educational, and social strategies aimed at increasing LGB inclusion.This article in the Dutch Journal for Gender Studies (Tijdschrift voor Genderstudies, https://www.aup-online.com/content/journals/13883186) is based on a presentation the author gave at the international conference on LGBTIQ+ Workplace Inclusion (Leiden University, 20-21 May 2021). See also the video recording of this presentation at: https://video.leidenuniv.nl/media/t/1_jiu0iuyw (part 1, 15 minutes) and https://video.leidenuniv.nl/media/t/1_qytk06b6 (part 2, 37 minutes). Show less
Among the 21 European countries surveyed for the LawsAndFamilies Database (www.lawsandfamilies.eu), there is a clear trend (fortified by European law) of offering same-sex couples the opportunity... Show moreAmong the 21 European countries surveyed for the LawsAndFamilies Database (www.lawsandfamilies.eu), there is a clear trend (fortified by European law) of offering same-sex couples the opportunity to formalise their relationship as marriage and/or as registered partnership, and of attaching more and more rights and responsibilities to the informal cohabitation, the registered partnership and/or the civil marriage of two people of the same sex. This chapter focusses on the timing of all these changes. In a five periods analysis, it establishes whether major partnership rights were extended to same-sex couples at the time of the introduction of registered partnership, or before, or at the time of the opening up of marriage, or between those two moments, or after the opening up of marriage. Thereby, and by calculating the same-sex legal recognitionconsensus among the countries surveyed for each of 26 selected rights, it finds nine typical sequences: Attitudes before rights; Rights before status; Bad-times rights before good-times rights; Responsibilities before benefits; Individual partner rights before couple rights; Partnership before marriage; Immigration rights among the first to be gained; Parenting rights among the last to be gained; Legal recognition before social legitimacy. Show less
Hingh, A. de; Konijnenbelt, H.; Bartels, C.; Borman, T.; Waaldijk, C.; Wees, L. van der 2019
Ninth edition of the Netherlands manual on how to refer to literature, case law, legislation and other sources in law publications written in Dutch. How to do footnotes, bibliographies,... Show more Ninth edition of the Netherlands manual on how to refer to literature, case law, legislation and other sources in law publications written in Dutch. How to do footnotes, bibliographies, abbreviations etc. Show less
January 2017 sees the publication of The LawsAndFamilies Database (ed. by Kees Waaldijk et al.). This database is one of the milestones of the larger EU-funded FamiliesAndSocieties research project... Show moreJanuary 2017 sees the publication of The LawsAndFamilies Database (ed. by Kees Waaldijk et al.). This database is one of the milestones of the larger EU-funded FamiliesAndSocieties research project. This new online open-access resource will make it easier to find and compare legal information about marriage, registered partnership and cohabitation in European countries. The database is accessible via www.LawsAndFamilies.eu.The information in the database has been provided by selected legal experts in 21 countries in the European Economic Area (typically two experts per country). In a questionnaire the experts were asked, for some 60 typical legal consequences and formalities of marriage, to what degree and since when these consequences and formalities are now available to same-sex and/or different-sex couples via one or more of three possible legal family formats (marriage, registered partnership, cohabitation). Show less
Waaldijk, C.; Lorenzo Villaverde, J.M.; Nikolina, N.; Zago, G. 2016
This Working Paper of the research project FamiliesAndSocieties contains the text of the LawsAndFamilies questionnaire, plus the text of the guidance document provided to legal experts answering... Show moreThis Working Paper of the research project FamiliesAndSocieties contains the text of the LawsAndFamilies questionnaire, plus the text of the guidance document provided to legal experts answering this questionnaire. These texts are preceded by a brief introduction to the background, aims and development of this questionnaire on legal family formats for same-sex and/or different-sex couples. The majority of questions ask if – in the jurisdiction of the legal expert concerned – a specific legal consequence is attached or not to (same-sex and/or different-sex) marriage, registered partnership and/or cohabitation. And it asks since when this is so. The questions are about legal aspects of formalisation, income and troubles, parenting, migration, splitting up and death. The questionnaire is used to create The LawsAndFamilies Database – Aspects of legal family formats for same-sex and different-sex couples, www.LawsAndFamilies.eu, where from early 2017 the answers to the questionnaire provide an overview of the legal situation in more than 20 European countries. Show less
On the occasion of the 15th anniversary of the first legislation in the world that opened up marriage to same-sex couples (in the Netherlands, 1 April 2001) the author investigates if it would be...Show moreOn the occasion of the 15th anniversary of the first legislation in the world that opened up marriage to same-sex couples (in the Netherlands, 1 April 2001) the author investigates if it would be possible to make marriage law, and in particular filiation law, completely orientation-neutral. He bases his analysis in the travaux préparatoires of the wording of the right to marry in the Universal Declaration of Human Rights and in other human rights documents. The demonstrates that the words “men and women” in the Universal Declaration have never been intended to exclude same-sex couples from marriage. On the contrary, those words were used to emphasize the gender-neutral character of the right to marry. Nevertheless, as regards parenting even Dutch law still makes a distinction between women and men – and thereby between heterosexual and lesbian marriages (especially when the child is conceived with semen from a known donor). The author analyses how these last distinctions can be eliminated (also with respect to surnames, and also in the interest transgenders and intersex people). He concludes that this is possible by merging the Civil Code articles on legal motherhood and legal fatherhood. The new rule could simply start with “Parent is the person who…”. And among other things it could provide that “parent” is the person who at the time of birth of a child is the married or registered partner of the person who gives birth, unless another person, with the consent of both partners, has acknowledged the child before it is born. Thereby the law would no longer distinguish between children conceived with or without a sperm donor, between children conceived with a known or unknown donor, or between children born to a lesbian or heterosexual couple. And so (Dutch) marriage law would become completely gender-neutral and orientation-neutral. Show less
Schuijt, G.A.I.; Konijnenbelt, H.; Hingh, A.E. de; Sint Truiden, M.P. van; Waaldijk, C.; Wees, J.G.L. van der 2016
This Italian version of this article is online at www.articolo29.it/genius, the English version at scholarship.law.duke.edu/djcil/vol24/iss1/4, the Dutch version at hdl.handle.net/1887/24920, and...Show moreThis Italian version of this article is online at www.articolo29.it/genius, the English version at scholarship.law.duke.edu/djcil/vol24/iss1/4, the Dutch version at hdl.handle.net/1887/24920, and the Vietnamese version at hdl.handle.net/1887/24934.The right to establish and develop relationships with other human beings was first articulated — as an aspect of the right to respect for private life — by the European Commission of Human Rights (in 1976). Since then such a right has been recognised in similar words by national and international courts, including the U.S. Supreme Court (Roberts v. U.S. Jaycees), the European Court of Human Rights (Niemietz v. Germany), the Constitutional Court of South Africa (National Coalition for Gay and Lesbian Equality), and the Inter-American Court of Human Rights (Ortega v. Mexico). This lecture traces the origins of this right, linking it to the meaning of the word ‘orientation’ and to the basic psychological need for love, affection and belongingness (Maslow 1943). It proposes to speak of ‘the right to relate’, and argues that this right can be seen as the common theme in all issues of sexual orientation law (ranging from decriminalisation and anti-discrimination, to the recognition of refugees and of same-sex parenting). This right can be used as the common denominator in the comparative study of all those laws in the world that are anti-homosexual, or that are same-sex-friendly. The right to establish (same-sex) relationships implies both a right to come out, and a right to come together. The right to develop (same-sex) relationships is being made operational through legal respect, legal protection, legal recognition, legal formalization, and legal recognition of foreign formalization. Show less
Met de door hem ontwikkelde Global Index on Legal Recognition of Homosexual Orientation (GILRHO) geeft Kees Waaldijk op een schaal van nul tot acht aan, hoe ver een land is met het uit het... Show moreMet de door hem ontwikkelde Global Index on Legal Recognition of Homosexual Orientation (GILRHO) geeft Kees Waaldijk op een schaal van nul tot acht aan, hoe ver een land is met het uit het strafrecht halen van homoseksualiteit, met het verbieden van homodiscriminatie en met het erkennen van gelijkgeslachtelijke stellen. Elk land kan in totaal acht punten krijgen voor belangrijke juridische stappen inzake homoseksuele gerichtheid: decriminalisering, gelijke leeftijdsgrenzen in het strafrecht, verbod van discriminatie in de arbeid, verbod van discriminatie bij goederen en diensten, erkenning van ongehuwd samenwonen, invoering van geregistreerd partnerschap, openstelling van adoptie, en openstelling van het huwelijk. Indien een bepaalde stap slechts in een deel van een land is gezet, levert dat een halve punt op in GILRHO. Deze index is nog in ontwikkeling, maar de voorlopige waarden voor de meeste landen van de wereld van 1961 tot 2015 kunnen al vergeleken worden met andere indicatoren (zoals Gross Domestic Product per capita, of uitkomsten van de World Values Survey met betrekking tot homoseksualiteit). Dat wordt zichtbaar gemaakt in de moving bubble chart die Kees Waaldijk ontwikkeld heeft in samenwerking met Derk Geene MSc, Jingshu ZhuLLM en het Centre for Innovations van Universiteit Leiden. Zie de screen-shots in de online hand-out bij deze lezing, en zie ook het persbericht over deze lezing op www.law.leidenuniv.nl/nieuws/waaldijk-presenteert-global-index.html. De samenhang tussen GILRHO enerzijds en economische ontwikkeling anderzijds is sterk. Wisselwerking lijkt waarschijnlijk. Dat geldt ook voor de relatie tussen GILRHO en maatschappelijke opvattingen over homoseksualiteit en homoseksuelen. De spreker heeft de opzet van GILRHO, plus de GILRHO data voor 39 landen over alle jaren van sinds 1980, eerder uitgebreid gepresenteerd in een rapport dat hij samen met Lee M.V. Badgett et al. schreef: The Relationship between LGBT Inclusion and Economic Development: An Analysis of Emerging Economies, Los Angeles & Washington DC: The Williams Institute at UCLA School of Law & US Agency for International Development, 2014. Show less
This Dutch version of this article is online at www.wodc.nl/images/jv1504-volledige-tekst_tcm44-604470.pdf/#page=67 and the English version at www.articolo29.it/genius. This article gives a... Show moreThis Dutch version of this article is online at www.wodc.nl/images/jv1504-volledige-tekst_tcm44-604470.pdf/#page=67 and the English version at www.articolo29.it/genius. This article gives a compact overview of developments in national and European law regarding same-sex partners. Over the last decades, new legal family formats (such as registered partnership and de facto union) have been made available in a growing number of countries. The number of countries that have opened up marriage to same-sex couples is also growing. Authors of comparative family law have proposed various classifications of the new legal family formats. Meanwhile, an increasing number of EU laws now acknowledge non-marital partners. The European Courts have been asked several times to rule on controversial differentiations between different legal family formats or between same-sex and different-sex partners. In the case law of the European Court of Human Rights one can find examples of affirmative eloquence which suggest that more steps towards full legal recognition of same-sex families could be expected. This is an edited and updated version of the article 'Great diversity and some equality: non-marital legal family formats for same-sex couples in Europe', that appeared in the book: M. van den Brink et al. (eds.), Equality and human rights: nothing but trouble? – Liber amicorum Titia Loenen, Utrecht, Netherlands Institute of Human Rights 2015 (SIM Special 38, p. 223-245 & 414) and in the journal: GenIUS – Rivista di studi giuridici sull’orientamento sessuale e l’identità di genere 2014 (p. 42-56). Show less
This article (also online at www.articolo29.it/genius) gives a compact overview of developments in national and European law regarding same-sex partners. Over the last decades, new legal family...Show moreThis article (also online at www.articolo29.it/genius) gives a compact overview of developments in national and European law regarding same-sex partners. Over the last decades, new legal family formats (such as registered partnership and de facto union) have been made available in a growing number of countries. The number of countries that have opened up marriage to same-sex couples is also growing. Authors of comparative family law have proposed various classifications of the new legal family formats. Meanwhile, an increasing number of EU laws now acknowledge non-marital partners. The European Courts have been asked several times to rule on controversial differentiations between different legal family formats or between same-sex and different-sex partners. In the case law of the European Court of Human Rights one can find examples of affirmative eloquence which suggest that more steps towards full legal recognition of same-sex families could be expected. This article also appeared in GenIUS – Rivista di studi giuridici sull’orientamento sessuale e l’identità di genere 2014/2, p. 42-56. An earlier version of this text appeared as chapter 4 of the report: O. Thevenon & G. Neyer (eds), Family Policies and Diversity in Europe: The state-of-the-art regarding fertility, work, care, leave, laws and self-sufficiency, Stockholm: Stockholm University 2014 (FamiliesAndSocieties Working Paper Series, nr. 7, p 42-55), and in C. Casonato & A. Schuster (eds.), Rights On The Move – Rainbow Families in Europe (Proceedings of the Conference, Trento, 16-17 October 2014), Trento: University of Trento 2014, p. 121-134. Show less
This article (online at www.articolo29.it/genius) gives a compact overview of developments in national and European law regarding same-sex partners. Over the last decades, new legal family formats... Show moreThis article (online at www.articolo29.it/genius) gives a compact overview of developments in national and European law regarding same-sex partners. Over the last decades, new legal family formats (such as registered partnership and de facto union) have been made available in a growing number of countries. The number of countries that have opened up marriage to same-sex couples is also growing. Authors of comparative family law have proposed various classifications of the new legal family formats. Meanwhile, an increasing number of EU laws now acknowledge non-marital partners. The European Courts have been asked several times to rule on controversial differentiations between different legal family formats or between same-sex and different-sex partners. In the case law of the European Court of Human Rights one can find examples of affirmative eloquence which suggest that more steps towards full legal recognition of same-sex families could be expected. This article also appeared in the book: M. van den Brink et al. (eds.), Equality and human rights: nothing but trouble? – Liber amicorum Titia Loenen, Utrecht, Netherlands Institute of Human Rights 2015 (SIM Special 38, p. 223-245 & 414). An earlier version of this text appeared as chapter 4 of the report: O. Thevenon & G. Neyer (eds), Family Policies and Diversity in Europe: The state-of-the-art regarding fertility, work, care, leave, laws and self-sufficiency, Stockholm: Stockholm University 2014 (FamiliesAndSocieties Working Paper Series, nr. 7, p 42-55), and in C. Casonato & A. Schuster (eds.), Rights On The Move – Rainbow Families in Europe (Proceedings of the Conference, Trento, 16-17 October 2014), Trento: University of Trento 2014, p. 121-134. Show less
This article criticises the new Dutch provisions (in force since 1 April 2014) that make it possible for a woman to become the second mother of the child of her female partner without having to go... Show moreThis article criticises the new Dutch provisions (in force since 1 April 2014) that make it possible for a woman to become the second mother of the child of her female partner without having to go through an adoption procedure. The author argues that it would have been better - and possible - to make no distinction at all between a child born to a woman with a female partner and a child born to a woman with a male partner. He proposes a new provision for the Civil Code that would be both gender neutral and orientation neutral. The married or registered partner of the birth mother should automatically become the second legal parent of the child, unless another person - with permission of both partners - will have formally acknowledged the child before its birth. When this article was included in this Liber Amicorum (online at rechtwijs.nl/jcvslxla), the editors left out the footnotes by mistake. A copy of the article including the footnotes is available in the Leiden University Repository. Show less
This article is available online at http://opil.ouplaw.com. International protection for same-sex partnership is a topic that has seen important developments recently, reflecting more extensive... Show moreThis article is available online at http://opil.ouplaw.com. International protection for same-sex partnership is a topic that has seen important developments recently, reflecting more extensive national developments in a growing number of countries. These national and international developments are likely to continue and to reinforce each other. The current state of international law seems to be quite clear on two points: discrimination between unmarried different-sex cohabitants and unmarried same-sex cohabitants is prohibited, and exclusion of same-sex couples from marriage is (probably) still permissible. In between those two points the field is less clear. There is growing support for the proposition that a registered partnership or same-sex marriage validly contracted in one country should be recognized by international organizations and — for certain purposes — also by other countries. And there are reasons to expect that international bodies will apply the prohibition of indirect discrimination to situations where same-sex partners are being excluded from certain legal benefits, because these are only available to married partners. This indirect discrimination argument, which focuses on providing specific benefits, rather than on obtaining status, has been accepted already in several domestic courts. In the short run, persuading international human rights courts and bodies to apply it will probably be the most effective way of increasing the international protection of same-sex partnership. Several countries have, in response to claims that marriage should be opened up to same-sex couples, introduced a form of registered partnership. Assuming that international human rights law will not soon require all countries in the world to open up marriage to same-sex couples, and assuming that many legislatures will be reluctant to attach all rights and obligations of marriage to non-registered cohabitation, it seems possible that some day international human rights courts and bodies will start to require that countries should introduce some alternative to marriage. Any claims in this field deserve serious attention, because, as the European Court of Human Rights has consistently put it, the right to respect for private life encompasses ‘the right to establish and develop relationships with other human beings’. Show less
This paper describes in a comprehensive but compact manner the legal recognition that same-sex couples have been gaining in Europe. In 40 years a growing number of European countries has started to... Show moreThis paper describes in a comprehensive but compact manner the legal recognition that same-sex couples have been gaining in Europe. In 40 years a growing number of European countries has started to make marriage and/or other ‘legal family formats' available to same-sex couples. Simultaneously the number of pieces of European Union legislation that acknowledge non-marital partners (of any gender-combination) has been growing as well. The terminology used for the various new legal family formats is very diverse, and authors of comparative family law have proposed various classifications of these family formats - so far without convincing each other. This paper argues in favour of using ‘registered partnership' and ‘informal cohabitation' as the most appropriate terms to characterise the new range of non-marital family formats. All this has been accompanied and encouraged by a stream of case law in which the European Court of Human Rights and the Court of Justice of the European Union have been requiring some degree of equal treatment between unmarried different-sex and same-sex couples, and sometimes also between registered same-sex couples and married different-sex couples. This case law is still limited, but it does contain many statements that explicitly validate same-sex and non-marital family life and that recognize the need for legal recognition of such partnerships. Eventually, this affirmative eloquence of the highest European courts could become relevant to same-sex partners in jurisdictions and situations where many rights and benefits are still the exclusive privilege of married different-sex partners. Show less
The article resulting from this paper is online at www.articolo29.it/genius. This paper gives a compact overview of developments in national and European law regarding same-sex partners. Over the... Show moreThe article resulting from this paper is online at www.articolo29.it/genius. This paper gives a compact overview of developments in national and European law regarding same-sex partners. Over the last decades, new legal family formats (such as registered partnership and de facto union) have been made available in a growing number of countries. The number of countries that have opened up marriage to same-sex couples is also growing. Authors of comparative family law have proposed various classifications of the new legal family formats. Meanwhile, an increasing number of EU laws now acknowledge non-marital partners. The European Courts have been asked several times to rule on controversial differentiations between different legal family formats or between same-sex and different-sex partners. In the case law of the European Court of Human Rights one can find examples of affirmative eloquence which suggest that more steps towards full legal recognition of same-sex families could be expected. An earlier version of this paper appeared as chapter 4 of the report: O. Thevenon & G. Neyer (eds.), Family Policies and Diversity in Europe: The state-of-the-art regarding fertility, work, care, leave, laws and self-sufficiency, Stockholm: Stockholm University 2014 (FamiliesAndSocieties Working Paper Series, nr. 7, p 42-55). An updated and expanded version of this that chapter appeared as 'Great diversity and some equality: non-marital legal family formats for same-sex couples in Europe' in the book the book: M. van den Brink et al. (eds.), Equality and human rights: nothing but trouble? – Liber amicorum Titia Loenen, Utrecht, Netherlands Institute of Human Rights 2015 (SIM Special 38, p. 223-245 & 414) and in the journal: GenIUS – Rivista di studi giuridici sull’orientamento sessuale e l’identità di genere 2014, p. 42-56. Show less
In het (vergelijkende) seksuelegerichtheidsrecht gaat het steeds om gerichtheid op anderen - ongeacht geslacht. Deze oratie betoogt dat ‘the right to relate' hierbij het uitgangspunt kan zijn. Dit... Show moreIn het (vergelijkende) seksuelegerichtheidsrecht gaat het steeds om gerichtheid op anderen - ongeacht geslacht. Deze oratie betoogt dat ‘the right to relate' hierbij het uitgangspunt kan zijn. Dit recht om relaties aan te gaan en te ontwikkelen impliceert een recht om uit de kast te komen en om samen te komen. En het is de basis voor aanspraken op respect, bescherming, erkenning en formalisering van relaties. Show less
The right to establish and develop relationships with other human beings was first articulated - as an aspect of the right to respect for private life - by the European Commission of Human Rights... Show moreThe right to establish and develop relationships with other human beings was first articulated - as an aspect of the right to respect for private life - by the European Commission of Human Rights in 1976. Since then such a right has been recognized in similar words by national and international courts, including the U.S. Supreme Court, the European Court of Human Rights, the Constitutional Court of South Africa, and the Inter-American Court of Human Rights. This lecture traces the origins of this right, linking it to the meaning of the word "orientation" and to the basic psychological need for love, affection, and belongingness. It proposes to speak of "the right to relate" and argues that this right can be seen as the common theme in all issues of sexual orientation law (ranging from decriminalization and anti-discrimination to the recognition of refugees and of same-sex parenting). This right can be used as the common denominator in the comparative study of all those laws in the world that are anti-homosexual or that are same-sex-friendly. The right to establish (same-sex) relationships implies both a right to come out and a right to come together. The right to develop (same-sex) relationships is being made operational through legal respect, legal protection, legal recognition, legal formalization, and legal recognition of foreign formalization. Show less
The right to establish and develop relationships with other human beings was first articulated - as an aspect of the right to respect for private life - by the European Commission of Human Rights... Show moreThe right to establish and develop relationships with other human beings was first articulated - as an aspect of the right to respect for private life - by the European Commission of Human Rights in 1976. Since then such a right has been recognized in similar words by national and international courts, including the U.S. Supreme Court, the European Court of Human Rights, the Constitutional Court of South Africa, and the Inter-American Court of Human Rights. This lecture traces the origins of this right, linking it to the meaning of the word "orientation" and to the basic psychological need for love, affection, and belongingness. It proposes to speak of "the right to relate" and argues that this right can be seen as the common theme in all issues of sexual orientation law (ranging from decriminalization and anti-discrimination to the recognition of refugees and of same-sex parenting). This right can be used as the common denominator in the comparative study of all those laws in the world that are anti-homosexual or that are same-sex-friendly. The right to establish (same-sex) relationships implies both a right to come out and a right to come together. The right to develop (same-sex) relationships is being made operational through legal respect, legal protection, legal recognition, legal formalization, and legal recognition of foreign formalization. Show less
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