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Protection of homosexual rights by the European Court of Justice and influence of its decisions in member states' national legal order.

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  1. Background of homosexuality in Europe
    1. Historical and conceptual perception of homosexuality
    2. Historical treatment of homosexuality
  2. The protection of homosexual community since the creation of the court: lack of protection by the Convention, but action of the court
    1. Protection of homosexual community by the Convention
    2. Protection of homosexual community by the European Court of Human Rights
  3. Influence of the European court decisions
    1. In the United Kingdom
    2. In France
    3. Other European countries

The institutionalization of Europe was done in favor of the protection of liberty and human rights. But, is this protection effective for sexual minorities and more precisely for homosexual community? In January 18th 2006, the Parliament of Europe adopted a resolution on homophobia. This measure shows the resistance of European countries and society regarding homosexual rights and tolerance toward them. Effectively homophobia remains present in Europe even if the European institutions try to fight against this curse. This essay will contain legal elements as well as sociologic and historic developments. It will use one book, ?the history on human rights' by Micheline Ishay and several articles (French and English) for reference. Effectively, the decisions of the court are published in English and French, and there are a lot of interesting sources in both languages. The book will be used for the historical approach and development. Moreover, we will analyze the court case law. In order to analyze this topic, it is important to define the key words. Homosexuality "refers to sexual behavior with or attraction to people of the same sex, or to a homosexual orientation. As a sexual orientation, homosexuality refers to "having sexual and romantic attraction primarily or exclusively to members of one's own sex"; "it also refers to an individual's sense of personal and social identity based on those attractions, behaviors expressing them, and membership in a community of others who share them".

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