Law and human rights are increasingly estranged from their factual dimension. Self-understanding/definition along with personal feelings/inner statuses are acquiring relevance, especially in the interpretation of domestic/HR courts. The shift “from facts to feelings” is visible in the area of LGBT rights, through which new paradigms of legal protection are emerging. The paper firstly focuses on the evolutionary protection of “the right to family life” (Art. 8 ECHR), it secondly takes into consideration the debate about recognition of transsexual people/gender reassignment and it finally addresses some of the questions that these judicial/legal trends arise. The paper argues that judicial recognition of individual/LGBT rights is accelerating a trend which valorize/prioritize inner feelings over socially recognizable facts/goods. Moving “from facts to feelings” requires nonetheless new lens of analysis for balancing contemporary social exigencies and individual entitlements.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo.
The Call for Papers for ICON•S Mundo is available here. Submissions for papers and panels must be made by May 1, 2021.
Log into your ICON•S account and apply for ICON•S Mundo by submitting your proposal.Apply for ICON•S Mundo