• DOI:10.1080/1323238X.2009.11910865
• Corpus ID: 158873691

Are human rights capable of liberation? The case of sex and gender diversity

@article{Winter2009AreHR,
  title={Are human rights capable of liberation? The case of sex and gender diversity},
  author={Sarah A. Winter},
  journal={Australian Journal of Human Rights},
  year={2009},
  volume={15},
  pages={151 - 173}
}

• Sarah A. Winter
• Published 1 November 2009
• Political Science, Law
• Australian Journal of Human Rights

This article analyses the international human rights case law in the area of sex and gender diversity. While recognising the limitations in securing human rights through a solely legal process and the weakness in securing rights under privacy, the article argues that there are opportunities to further the human rights of people who are sex and gender diverse. In particular, claims based on the right to freedom of expression before the United Nations treaty bodies or the regional human rights courts would advance the human rights of people who are sex and gender diverse. Ultimately, arguments based on freedom of expression would enable people who are sex and gender diverse to challenge the structures of knowledge about sex and gender, as well as safeguard liberal and democratic principles on which human rights are founded. By ensuring that minority ideas, which are held by people in minority and majority communities alike, can challenge mainstream and oppressive public and social views, the liberating potential of human rights will be preserved.