Subsidiarity v. Pan-europeanism: LGBTQ and Transgender Rights in the EU and under the European Convention of Human Rights

The European Union and the Council of Europe were supposed to create continent-wide standards and rule for governance, commerce, and human rights. Yet subsidiarity remains an important principle respecting state-specific policy. Occasionally Pan-Europeanism and subsidiarity con...

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Bibliographic Details
Main Author: David Schultz
Format: Article
Language:English
Published: Transilvania University of Brasov Publishing House 2024-01-01
Series:Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law
Subjects:
Online Access:https://webbut.unitbv.ro/index.php/Series_VII/article/view/6942/5305
Description
Summary:The European Union and the Council of Europe were supposed to create continent-wide standards and rule for governance, commerce, and human rights. Yet subsidiarity remains an important principle respecting state-specific policy. Occasionally Pan-Europeanism and subsidiarity conflict and this is the case with LGBTQ and transgender rights. This Article examines the legal tensions surrounding the protection of human rights as it addresses transgender individuals and members of the LGBTQ community. It argues that the current framework of law supporting subsidiarity is inconsistent with the broader goals of non-discrimination at the heart of the values of both the European Union and the Council of Europe.
ISSN:2066-7701