Document Type
Article
Publication Date
2010
DOI
https://doi.org/10.5305/procannmeetasil.104.0385
Abstract
We sit at an interesting juncture in the evolution (in some cases, devolution) of the idea of sexual rights in international law. For at the very moment that we are experiencing a retraction in both domestic and international commitments to rights associated with sexual and reproductive health, we see sexual rights of a less-reproductive nature gaining greater uptake and acceptance. It is the moral hazard associated with perceived gains in the domain of international rights for lesbians and gay men that I want to address today. In the end, the point I want to bring home is that a particular kind of caution, and indeed a new kind of politics, is called for when the state becomes a partner in the project of converting wrongs into rights and outlaws into rights-bearing citizens. The ''patriotized'' rights-bearing lesbian or gay subject and "its" movement have a duty to actively resist being mustered into nationalist projects undertaken in its name and purportedly on its behalf.
Disciplines
Civil Rights and Discrimination | Gender and Sexuality | International Law | Law | Sexuality and the Law | Social and Behavioral Sciences | Sociology
Recommended Citation
Katherine M. Franke,
Sexual Rights and State Governance,
104
Am. Soc'y Int'l L. Proc.
385
(2010).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/2635
Included in
Civil Rights and Discrimination Commons, Gender and Sexuality Commons, International Law Commons, Sexuality and the Law Commons
Comments
© 2010 American Society of International Law. This article has been published in the Proceedings of the ASIL Annual Meeting and is free to view and download for private research and study only. Not for re-distribution or re-use.