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Of Legal Recognition

The importance of this study rests primarily on the recognition that, given the way national and international jurisprudence is currently structured, the positivization of rights2 influences public policy and, consequently, the lives of many people, the majority of women, lesbians and gays. It should be noted, however, that the legal recognition of rights does not necessarily lead to their full and immediate effect, although it is at least seen as a step in the right direction. Research comparing the relative importance of theories of economic exchange and gender norms in the sharing of parents` income and domestic responsibilities often does not sufficiently consider the role that marriage can play. This article shows that in the United States, many aspects of federal and state law related to marriage encourage spouses to specialize in various family and care roles. Same-sex marriage offers new opportunities to assess the importance of marriage in decisions about the distribution of jobs within the household, while controlling for gender. However, for all data collected prior to June 2015, it may be distorting to simply characterize same-sex couples as «married» or «unmarried»; On the contrary, legal recognition has been better conceived as separate sets of rights over the past 10 years and pursued accordingly. This article, written by a lawyer, provides a substantive legal analysis essential to the development of a research agenda in this field. To demonstrate the state`s neglect of women, the feminist movement has used statistical data to bring to public debate the need to recognize reproductive rights and the positive duty of states to provide comprehensive health care to women – which requires the formulation and implementation of public policies. Given the position of the Catholic Church in these international conferences, it is possible to understand the obstacles to the legal recognition of sexual rights and also reproductive rights. There is a sexual morality and security in the institution of the nuclear family, which are preserved as a reflection of a negative and decidedly discriminatory view of women and the practice of sexuality. Finally, the Church transforms a person`s sexual activity into its moral norm, subordinating one`s character and morality to one`s condition as homosexual or heterosexual, married or unmarried, bound or not by gender rules.47 Legal recognition varies by jurisdiction. A person may be recognized as a physician,[4] and be married and divorced in a jurisdiction; [5] When you move to another jurisdiction, some or all of these issues may not be recognized. Although the new case law does not recognise the medical qualification as such, it may allow it to be used to follow a short qualification course leading to a recognised qualification or it may be ignored altogether.

The term «reproductive rights» was coined in 1984 at the 1st International Meeting on Women and Health in Amsterdam, the Netherlands. At the time, there was a global consensus that this designation would convey a more comprehensive and appropriate concept than «women`s health» for the broader program of women`s reproductive empowerment.8 The definition of reproductive rights thus began to be formulated in a non-institutional framework, that of dismantling motherhood as a duty through the struggle for the right to legal abortion and contraception. in developed countries.9 1948 The United Nations (UN) General Assembly adopts and proclaims the Universal Declaration of Human Rights (UDHR) as the first step towards the creation of international human rights law and a global system for the protection of human rights within the framework of the United Nations. This system encompasses all human beings in all their abstraction and generality.6 The construction and recognition of human rights has since developed and extended to areas of crucial importance for the preservation of human dignity. This process, which could be called the «specification of subjects with rights», took into account the specific characteristics of individuals and groups and moved from the abstract figure of man to differences between genders, races, generations, etc.7 The independent expert conducted a consultation in Geneva on 19 June 2018 to exchange views with participants on the scope of legal recognition of the identity of gender. and destigmatization associated with depathologization. Diplomatic recognition is a similar concept in which one State recognizes existence as a unity of another. Article 16 of the International Covenant on Civil and Political Rights requires that the law be recognized everywhere as a person before the law. [2] Deviation from this is prohibited, even in time of public emergency, which threatens the life of the nation, is officially proclaimed. [3] Faced with this legal vacuum, the feminist movement began to reinterpret rights that were not traditionally intended for women. This is the case with the right to life, enshrined in article 6, paragraph 1, of the International Covenant on Civil and Political Rights, traditionally understood as the obligation of States parties to respect due process before the death penalty is imposed.

The United Nations Human Rights Committee, which is linked to this Covenant, considers this interpretation restrictive and affirms that the protection of the right to life requires the adoption of positive measures, such as: those aimed at reducing infant mortality and increasing life expectancy. According to Maria Betânia Ávila: «By putting sexual relations on an equal footing with social relations in the field of citizenship and by allowing their needs to be publicized and guaranteed by rights, heterosexuality and homosexuality are established as equally free sexual practices.» [73] The value of legal recognition of the sexual rights of homosexuals demonstrates the importance of the sexual dimension in human life74 and for the protection of human dignity. Only through this recognition will everyone enjoy the fundamental rights and freedoms that characterize democracy. This article examines the reasons why the legal recognition of reproductive rights does not coincide with the legal recognition of sexual rights by analyzing three perspectives: historical; religious morality, especially Roman Catholic; and finally legal. The article concludes by highlighting the advances for democracy and citizenship of homosexuals (gays and lesbians) and heterosexual women that would result from the legal recognition of sexual rights. Legal recognition of a status or fact in a jurisdiction is the formal recognition of that fact as true, valid, legal or worthy of consideration and may involve the approval or granting of rights. [1] Recognition is a process in which certain facts are accepted and conferred a certain legal status, such as statehood, sovereignty over a newly acquired territory, or the international implications of granting citizenship. The process of statehood recognition of a new entity that. n Since the beginning of the contemporary conception of human rights after the 2nd World War, a wide range of rights has been legally recognized. But while it has evolved considerably, as Henry Steiner and Philip Alston point out, this branch of law still has one of its «blind spots» in women`s human rights.50 The same can be said of gay rights. This reinterpretation of rights has expanded state accountability and, more recently, increased the power of committees that oversee state acts and omissions related to women`s rights.