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1. License to Be Yourself: Responding to National Security and Identity Fraud Arguments

Publication Date:
04-2017
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
In much of the world, trans and intersex people struggle to obtain official identity documents that acknowledge their appropriate names and sex or gender markers. When people are forced to rely on documents that do not match their gender identity, they risk being subjected to harassment and discrimination. In addition, they may be suspected of identity fraud and trigger security alerts because of the discrepancy between their documents and their gender identity or appearance. The lack of appropriate documentation is particularly dangerous in situations where a trans or intersex person is crossing a border and being unable to prove their identity can result in being detained or deported. This brief counters concerns that progressive gender recognition laws and policies will undermine national security and increase the risk of identity fraud. It is the fourth of four resources for activists that accompany Open Society’s 2014 report on legal gender recognition across the world, License to Be Yourself.
Topic:
Gender Issues, Law, Discrimination, LGBT+, Sexuality, Identity, and Transgender
Political Geography:
Global Focus

2. License to Be Yourself: Marriage and Forced Divorce

Publication Date:
04-2015
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The vast majority of trans people around the world cannot obtain legal recognition of—or official documents that match—their gender identity. Where laws do recognize trans people, they often exclude those who are married. This forces trans people to choose between legal recognition of their gender identity or their marriage. Forced divoce violates trans people’s right to privacy, marriage, and recognition under the law. This brief explains legal restrictions that affect the recognition of married trans and intersex people. It examines case law and addresses key arguments made by those who oppose such recognition. It is the first of four resources for activists that accompany Open Society’s 2014 report on legal gender recognition across the world, License to Be Yourself.
Topic:
Law, Discrimination, LGBT+, Family, Sexuality, Marriage, and Transgender
Political Geography:
Global Focus

3. Community, Not Confinement

Publication Date:
10-2015
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The UN Convention on the Rights of Persons with Disabilities (CRPD) affirms the rights of all people to live in their communities. Yet between 2007 and 2013, EU member states invested millions of euros of EU structural funds into institutions that confine and segregate people living with disabilities. Now, although the 2014–2020 round of structural funds requires member states to introduce domestic deinstitutionalization measues, the danger remains that EU investments in institutions will continue. The European Commission has a responsibility to ensure the rights of Europeans with disabilities and the proper direction of EU investments. Community, Not Confinement examines EU law and policy governing the use of structural funds, and EU and state responsibilities to human rights obligations under international and EU law. This report also recommends several steps the commission should take, including providing clear guidance to member states that projects selected for the use of structural funds must comply with the CRPD; verifying that such programming aligns with the CRPD and supports independent living; and funding civil society to monitor member states’ investments and inform the commission of findings.
Topic:
Human Rights, International Law, United Nations, Law, Disability, Community, Political Rights, and Legal Sector
Political Geography:
Europe

4. Primer: Support Technologies for Human Rights Lawyers

Publication Date:
02-2014
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
This study looks at the place that technologies may have in helping human rights lawyers work most effectively. It looks at three classes of technologies: 1. Case and practice management tools, for managing the day­to­day flow of information around a case, such as the exchange of documents, task management and dates. 2. E­Discovery tools for digitizing, organizing and reviewing collections of documents, data or other material that could be evidence in a case. 3. Investigation and case building tools for organizing and analyzing the facts of a case or group of cases, providing visual overviews on maps, network charts and timelines. The goal is to provide an understanding of the problems that the available tools target, a framework for thinking about how these technologies may fit into to your work, and a good understanding of the costs involved.
Topic:
Human Rights, Science and Technology, Law, Digital Policy, and Legal Sector
Political Geography:
Global Focus