Some groups, such as women and children, have been the subject of international discussion and even have regulations specifically mentioning them. The LGTB+ collective suffers serious human rights violations even in times of peace. Although there have been advances at both the national and international level, these attacks can be increased during the course of an armed conflict. In addition, the impact of the conflict on this group is more specific as they are constantly targeted for discrimination and have special needs. To date, few studies specialise in them exclusively. This thesis examines which rules and procedures of international law can be applied in the context of an armed conflict in order to protect persons belonging to this group, including not only humanitarian law, but also human rights and international criminal law rules. It will be deduced whether there is a specific procedure or rule for this group and, in the absence of such a specific rule, whether it is considered necessary.
Anotace v angličtině
Some groups, such as women and children, have been the subject of international discussion and even have regulations specifically mentioning them. The LGTB+ collective suffers serious human rights violations even in times of peace. Although there have been advances at both the national and international level, these attacks can be increased during the course of an armed conflict. In addition, the impact of the conflict on this group is more specific as they are constantly targeted for discrimination and have special needs. To date, few studies specialise in them exclusively. This thesis examines which rules and procedures of international law can be applied in the context of an armed conflict in order to protect persons belonging to this group, including not only humanitarian law, but also human rights and international criminal law rules. It will be deduced whether there is a specific procedure or rule for this group and, in the absence of such a specific rule, whether it is considered necessary.
Klíčová slova
LGTB+ people, armed conflict, protection, international law
Klíčová slova v angličtině
LGTB+ people, armed conflict, protection, international law
Rozsah průvodní práce
-
Jazyk
AN
Anotace
Some groups, such as women and children, have been the subject of international discussion and even have regulations specifically mentioning them. The LGTB+ collective suffers serious human rights violations even in times of peace. Although there have been advances at both the national and international level, these attacks can be increased during the course of an armed conflict. In addition, the impact of the conflict on this group is more specific as they are constantly targeted for discrimination and have special needs. To date, few studies specialise in them exclusively. This thesis examines which rules and procedures of international law can be applied in the context of an armed conflict in order to protect persons belonging to this group, including not only humanitarian law, but also human rights and international criminal law rules. It will be deduced whether there is a specific procedure or rule for this group and, in the absence of such a specific rule, whether it is considered necessary.
Anotace v angličtině
Some groups, such as women and children, have been the subject of international discussion and even have regulations specifically mentioning them. The LGTB+ collective suffers serious human rights violations even in times of peace. Although there have been advances at both the national and international level, these attacks can be increased during the course of an armed conflict. In addition, the impact of the conflict on this group is more specific as they are constantly targeted for discrimination and have special needs. To date, few studies specialise in them exclusively. This thesis examines which rules and procedures of international law can be applied in the context of an armed conflict in order to protect persons belonging to this group, including not only humanitarian law, but also human rights and international criminal law rules. It will be deduced whether there is a specific procedure or rule for this group and, in the absence of such a specific rule, whether it is considered necessary.
Klíčová slova
LGTB+ people, armed conflict, protection, international law
Klíčová slova v angličtině
LGTB+ people, armed conflict, protection, international law
Zásady pro vypracování
Some groups, such as women and children, have been the subject of international discussion and even have regulations specifically mentioning them. The LGTB+ collective suffers serious human rights violations even in times of peace. Although there have been advances at both the national and international level, these attacks can be increased during the course of an armed conflict. In addition, the impact of the conflict on this group is more specific as they are constantly targeted for discrimination and have special needs. To date, few studies specialise in them exclusively. This thesis examines which rules and procedures of international law can be applied in the context of an armed conflict in order to protect persons belonging to this group, including not only humanitarian law, but also human rights and international criminal law rules. It will be deduced whether there is a specific procedure or rule for this group and, in the absence of such a specific rule, whether it is considered necessary.
Zásady pro vypracování
Some groups, such as women and children, have been the subject of international discussion and even have regulations specifically mentioning them. The LGTB+ collective suffers serious human rights violations even in times of peace. Although there have been advances at both the national and international level, these attacks can be increased during the course of an armed conflict. In addition, the impact of the conflict on this group is more specific as they are constantly targeted for discrimination and have special needs. To date, few studies specialise in them exclusively. This thesis examines which rules and procedures of international law can be applied in the context of an armed conflict in order to protect persons belonging to this group, including not only humanitarian law, but also human rights and international criminal law rules. It will be deduced whether there is a specific procedure or rule for this group and, in the absence of such a specific rule, whether it is considered necessary.
Seznam doporučené literatury
FREEDMAN, Jane; KIVILCIM, Zeynep; BAKLACIOGLU, Nurcan Ozgür (ed.). A gendered approach to the Syrian refugee crisis. Taylor & Francis, 2017.
MAYA, L. La otra cara de la exclusión: las víctimas LGBT del conflicto armado colombiano. Universidad del Rosario, 2016.
SERRANO-AMAYA, José Fernando. Homophobic violence in armed conflict and political transition. Springer, 2017.
VENIER, Silvia; VENTURI, Denise. 5 Isis and the Violations of Human Rights of Sexual Minorities: Is the International Community Responding Adequately?. En The Asian Yearbook of Human Rights and Humanitarian Law. Brill Nijhoff, 2017. p. 109-135.
BOHLANDER, Michael. Criminalising LGBT persons under national criminal law and Article 7 (1)(h) and (3) of the ICC Statute. Global Policy, 2014, vol. 5, no 4, p. 401-414.
BARROW, Amy. Un Security Council Resolutions 1325 and 1820: constructing gender in armed conflict and international humanitarian Law. Int'l Rev. Red Cross, 2010, vol. 92, p. 221.
CARPENTER, Morgan. The human rights of intersex people: addressing harmful practices and rhetoric of change. Reproductive Health Matters, 2016, vol. 24, no 47, p. 74-84.
ĐURIC, Nevenka; VIDLIČKA, Sunčana Roksandić; BOGUSH, Gleb. Legal protection of sexual minorities in international Criminal law. Russian Law Journal, 2018, vol. 6, no 1.
GARLAND, Kimberly J. An exploratory study of lesbian, gay, bisexual and transgender veterans of recent US conflicts. 2007.
GERBER, Paula; GORY, Joel. The UN Human Rights Committee and LGBT rights: what is it doing? What could it be doing?. Human Rights Law Review, 2014, vol. 14, no 3, p. 403-439.
HAZELDEAN, Susan. Confounding identities: The paradox of LGBT children under asylum law. UCDL Rev., 2011, vol. 45, p. 373.
KISS, Ligia, et al. Male and LGBT survivors of sexual violence in conflict situations: a realist review of health interventions in low-and middle-income countries. Conflict and health, 2020, vol. 14, no 1, p. 1-26.
MARGALIT, Alon. Still a blind spot: The protection of LGBT persons during armed conflict and other situations of violence. International Review of the Red Cross, 2018, vol. 100, no 907-909, p. 237-265.
MOORE, Melinda W.; BARNER, John R. Sexual minorities in conflict zones: a review of the literature. Aggression and violent behavior, 2017, vol. 35, p. 33-37.
PINCOCK, Kate. UNHCR and LGBTI refugees in Kenya: The limits of protection. Disasters, 2020.
PLÜMPER, Thomas; NEUMAYER, Eric. The unequal burden of war: The effect of armed conflict on the gender gap in life expectancy. International organization, 2006, p. 723-754.
RAJ, Senthorun. A/effective adjudications: Queer refugees and the law. Journal of Intercultural Studies, 2017, vol. 38, no 4, p. 453-468.
SCHUTZER, Mathew. Bringing the Asylum Process out of the Closet: Promoting the Acknowledgment of LGB Refugees. Geo. J. Gender & L., 2012, vol. 13, p. 669.
SWIEBEL, Joke. Lesbian, gay, bisexual and transgender human rights: the search for an international strategy. Contemporary Politics, 2009, vol. 15, no 1, p. 19-35.
THYLIN, Theresia. Leaving war and the closet? Exploring the varied experiences of LGBT ex-combatants in Colombia. Kvinder, Kon & Forskning, 2018, no 2-3, p. 97-109.
THYLIN, Theresia. Violence, toleration, or inclusion? Exploring variation in the experiences of LGBT combatants in Colombia. Sexualities, 2020, vol. 23, no 3, p. 445-464.
WILETS, James D. Conceptualizing private violence against sexual minorities as gendered violence: An international and comparative law perspective. Alb. L. Rev., 1996, vol. 60, p. 989.
WITSCHEL, Michael A. Human rights in times of crisis: Article 3 prevails-examining how LGBTQ asylum seekers in the European union are denied equal protection of law. Am. U. Int'l L. Rev., 2016, vol. 32, p. 1047.
WOJCIK, Mark E.; BEJZYK, Melanie. New Frontiers in LGBTI Rights. En Proceedings of the Annual Meeting-American Society of International Law. American Society of International Law, 2016. p. 21.
Seznam doporučené literatury
FREEDMAN, Jane; KIVILCIM, Zeynep; BAKLACIOGLU, Nurcan Ozgür (ed.). A gendered approach to the Syrian refugee crisis. Taylor & Francis, 2017.
MAYA, L. La otra cara de la exclusión: las víctimas LGBT del conflicto armado colombiano. Universidad del Rosario, 2016.
SERRANO-AMAYA, José Fernando. Homophobic violence in armed conflict and political transition. Springer, 2017.
VENIER, Silvia; VENTURI, Denise. 5 Isis and the Violations of Human Rights of Sexual Minorities: Is the International Community Responding Adequately?. En The Asian Yearbook of Human Rights and Humanitarian Law. Brill Nijhoff, 2017. p. 109-135.
BOHLANDER, Michael. Criminalising LGBT persons under national criminal law and Article 7 (1)(h) and (3) of the ICC Statute. Global Policy, 2014, vol. 5, no 4, p. 401-414.
BARROW, Amy. Un Security Council Resolutions 1325 and 1820: constructing gender in armed conflict and international humanitarian Law. Int'l Rev. Red Cross, 2010, vol. 92, p. 221.
CARPENTER, Morgan. The human rights of intersex people: addressing harmful practices and rhetoric of change. Reproductive Health Matters, 2016, vol. 24, no 47, p. 74-84.
ĐURIC, Nevenka; VIDLIČKA, Sunčana Roksandić; BOGUSH, Gleb. Legal protection of sexual minorities in international Criminal law. Russian Law Journal, 2018, vol. 6, no 1.
GARLAND, Kimberly J. An exploratory study of lesbian, gay, bisexual and transgender veterans of recent US conflicts. 2007.
GERBER, Paula; GORY, Joel. The UN Human Rights Committee and LGBT rights: what is it doing? What could it be doing?. Human Rights Law Review, 2014, vol. 14, no 3, p. 403-439.
HAZELDEAN, Susan. Confounding identities: The paradox of LGBT children under asylum law. UCDL Rev., 2011, vol. 45, p. 373.
KISS, Ligia, et al. Male and LGBT survivors of sexual violence in conflict situations: a realist review of health interventions in low-and middle-income countries. Conflict and health, 2020, vol. 14, no 1, p. 1-26.
MARGALIT, Alon. Still a blind spot: The protection of LGBT persons during armed conflict and other situations of violence. International Review of the Red Cross, 2018, vol. 100, no 907-909, p. 237-265.
MOORE, Melinda W.; BARNER, John R. Sexual minorities in conflict zones: a review of the literature. Aggression and violent behavior, 2017, vol. 35, p. 33-37.
PINCOCK, Kate. UNHCR and LGBTI refugees in Kenya: The limits of protection. Disasters, 2020.
PLÜMPER, Thomas; NEUMAYER, Eric. The unequal burden of war: The effect of armed conflict on the gender gap in life expectancy. International organization, 2006, p. 723-754.
RAJ, Senthorun. A/effective adjudications: Queer refugees and the law. Journal of Intercultural Studies, 2017, vol. 38, no 4, p. 453-468.
SCHUTZER, Mathew. Bringing the Asylum Process out of the Closet: Promoting the Acknowledgment of LGB Refugees. Geo. J. Gender & L., 2012, vol. 13, p. 669.
SWIEBEL, Joke. Lesbian, gay, bisexual and transgender human rights: the search for an international strategy. Contemporary Politics, 2009, vol. 15, no 1, p. 19-35.
THYLIN, Theresia. Leaving war and the closet? Exploring the varied experiences of LGBT ex-combatants in Colombia. Kvinder, Kon & Forskning, 2018, no 2-3, p. 97-109.
THYLIN, Theresia. Violence, toleration, or inclusion? Exploring variation in the experiences of LGBT combatants in Colombia. Sexualities, 2020, vol. 23, no 3, p. 445-464.
WILETS, James D. Conceptualizing private violence against sexual minorities as gendered violence: An international and comparative law perspective. Alb. L. Rev., 1996, vol. 60, p. 989.
WITSCHEL, Michael A. Human rights in times of crisis: Article 3 prevails-examining how LGBTQ asylum seekers in the European union are denied equal protection of law. Am. U. Int'l L. Rev., 2016, vol. 32, p. 1047.
WOJCIK, Mark E.; BEJZYK, Melanie. New Frontiers in LGBTI Rights. En Proceedings of the Annual Meeting-American Society of International Law. American Society of International Law, 2016. p. 21.