Leiden University Scholarly Publications

Waaldijk, Kees 2019

Global Index on Legal Recognition of Homosexual Orientation (GILRHO) - provisional data 1966-2011

Dataset

open access

The Global Index on Legal Recognition of Homosexual Orientation (GILRHO), is being developed by Kees Waaldijk at Leiden University, with the help of many others. It is work in progress, covering... Show moreThe Global Index on Legal Recognition of Homosexual Orientation (GILRHO), is being developed by Kees Waaldijk at Leiden University, with the help of many others. It is work in progress, covering all 200 currently-independent countries of the world for every year since 1961.In GILRHO, for each year, countries can be given index points for eight categories of laws:  decriminalization (one point for legalization of sex between same-sex adults, and one for equalization of the age of consent), anti-discrimination legislation (one point for an explicit prohibition in the field of employment, and one for this in the field of goods and services), and couple recognition (one point for recognition of same-sex cohabitation, one for introduction of registered partnership, one for allowing adoption by same-sex partner(s), and one for opening up marriage to them). So a maximum of eight points, with a half point given if the relevant law is or was only applicable in part(s) of a country.A full description of the methodology of GILRHO, and an analysis of its interaction with GDP per capita, can be found in the open access article: MVL Badgett, K Waaldijk & Y van der Meulen Rodgers, ‘The relationship between LGBT inclusion and economic development: Macro-level evidence’ (120 World Development, August 2019, p. 1-14, https://www.sciencedirect.com/science/article/pii/S0305750X19300695). More information about the sources and construction of GILRHO is provided in the report: MVL Badgett, S Nezhad, K Waaldijk & Y van der Meulen Rodgers, The relationship between LGBT inclusion and economic development: An analysis of emerging economies (2014, Washington DC and Los Angeles, CA: USAID and The Williams Institute; https://williamsinstitute.law.ucla.edu/publications/lgbt-inclusion-economic-dev). A short explanation of GILRHO in Dutch, in relation to public opinion, can be found in the paper: K Waaldijk, ‘Van strafbaar tot huwbaar – homorecht wereldwijd’ (2015, https://hdl.handle.net/1887/37242).GILRHO has been developed on the basis of constantly improving versions of a footnoted legal dataset originally presented in the paper: K Waaldijk, ‘Legal recognition of homosexual orientation in the countries of the world’ (2009 conference The Global Arc of Justice at UCLA; Los Angeles, CA: The Williams Institute, http://hdl.handle.net/1887/14543). Since then the legal dataset has been expanded and corrected on the basis of many sources (including the annual reports on State-Sponsored Homophobia published since 2006 by ILGA (the International Lesbian Gay Bisexual Trans and Intersex Association, https://ilga.org/state-sponsored-homophobia-report). The legal dataset has not yet been published.Parts of the numerical index data of GILRHO (as they were by 2014) have now been published. First the provisional index data for 39 countries over the years 1980-2014 were published in the 2014 report by Badgett et al. (mentioned above, p.  60-61). And later the provisional index data for 132 countries for the years 1966-2011 have been published in the data file accompanying the 2019 article by Badgett et al. (mentioned above, spreadsheet in Appendix A, which also contains other data from other sources); this data file is also attached here. The published numerical index data of GILRHO and its underlying legal dataset are subject to further corrections and updates. Over the coming years, more comprehensive versions of GILRHO and of its legal dataset will be published. Show less

Waaldijk, C. 2015

Great diversity and some equality: non-marital legal family formats for same-sex couples in Europe

Part of book or chapter of book

open access

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