RightsCast RightsCast

Standing up for your rights is becoming increasingly difficult in many countries. What rights do we have to peacefully protest and why are these rights under attack? Liberty UK's Sam Grant and Essex sociologist and HRC member, Dr Anna Di Ronco join our host Dr Andrew Fagan to consider this complex and all important topic.

In this podcast, you will listen to the book launch of Dr Aviv Gaon’s latest book: ‘The Future of Copyright in the Age of Artificial Intelligence’, in which Dr Gaon explores the fundamentals of copyright law and AI, suggesting new models for considering the future of authorship and basic concepts in copyright as we further move into a world where we see more AI generated content.

Discussants include Prof. Peter Menell from UC Berkeley (USA), Prof. Pina D’Agostino from Osgoode Hall Law School, York University (Canada), Prof. Stavroula Karapapa from the University of Essex, School of Law (UK), and Dr. Aviv Gaon from the Harry Radzyner Law School, Reichman University (Israel). The book launch was organized by Dr Eden Sarid from the University of Essex School of Law.

In this podcast, you will listen to the book launch of Dr Hedi Viterbo’s latest book: ‘Problematizing Law, Rights, and Childhood in Israel/Palestine’, in which Dr Viterbo radically challenges our picture of law, human rights, and childhood, both in and beyond the Israel/Palestine context. Commentators include Alexandra Cox, a Senior Lecturer at the University of Essex Department of Sociology; Maryam Jamshidi, an Assistant Professor of Law at the University of Florida Levin College of Law; and Yaël Ronen, Professor of Law at the Academic Center for Science and Law at Hod Hasharon, and the Minerva Center for Human Rights at The Hebrew University in Jerusalem. The book launch was organized by Dr Haim Abraham from the University of Essex School of Law and UCL Faculty of Laws, and Dr Eden Sarid from the University of Essex School of Law.

In the third episode of the LGBTQ+ Podcast, our guest, Cate Fantacci, discusses the public perception of LGBT+ people in Italy and how it is influenced by the Catholic Church.

Although Italy is a secularised country, the Catholic Church often expresses its opinion on political matters. Few Church officials affirm LGBT+ people. In 2003, the Congregation for the Doctrine of Faith stated that same-sex marriage would be inconsistent with Christian conscience. In 2013, the Church started to condemn the so-called ‘gender philosophy.’ More recently, in 2020, in debates regarding the bill on discrimination and hate crimes against LGBTQ+ people, religious actors talked about the bill as an attack on freedom of speech.

A lot of homophobia stems from media which provides Italian politicians with a platform to share their homophobic beliefs. For example, Giorgia Meloni, leader of a national-conservative party, stated, that she would rather not have a gay son. Mario Adinolfi, leader of a social-conservative party, described LGBT+ parenting as a criminal ideological abomination. Instead of deconstructing harmful beliefs, the mass media enforces derogatory stereotypes.

The most recent development regarding gay rights in Italy is the anti-discrimination bill that makes violence against LGBT+ people a hate crime. Nevertheless, the bill faces opposition from right-wing parties and the Italian Roman Catholic Church, who claim that the existing protections are strong enough.

LGBT+ rights groups in Italy: Arcigay, Arcilesbica, ARCO, Il Rainbow Center Napoli (in Naples), AGedO, Azione Gay e Lesbica (in Florence), Di' Gay Project (in Rome), Centro di Iniziativa Gay Milano (in Milan).

On a positive note, Cate recommends Brandi Carlile’s memoir ‘Broken Horses.’

If you wish to be involved in a future season of the LGBTQ+ Pride and the Law: A Podcast, please contact elawclinic@essex.ac.uk for more information!

Our second podcast is with Dr. Haim Abraham, a lecturer at the University of Essex. He gives us an informative discussion on surrogacy in relation to the LGBTQ+ community in Israel, educating us on the developments being made and the ones needed to ensure they have equal rights to surrogacy.

As the LGBTQ+ community in Israel grows so does their advocation of equal rights. Within Israel, the Embryo Carrying Agreement Act is how surrogacy is regulated. However, its requirements discriminate against the LGBTQ+ community, such as only allowing surrogacy to be available for married heterosexual couples.

In recent years, there have been achievements; the courts acknowledging LGBTQ+ relationships and recognizing that the law is discriminatory towards same-sex couples as seen in 2010 case of Arad-Pinkas (HCJ 1078/10 Arad-Pinkas v The Surrogacy Agreements Approval Committee) which led to a petition for law reform. Nonetheless, the courts argued that the law was proportionate due to the lack of research on its effect on familial structure regardless of the acceptance of surrogacy undertaken abroad. This led to the financial burden on Israel’s LGBTQ+ couples to undertake surrogacy abroad which costs more than $100,000 and thus discriminates against the LGBTQ+ community.

Ultra-Orthodox Jewish parties in the Knesset continue to advocate for a fully religious vision of Israel. These religious considerations caused a lack of political support for the LGBTQ+ movement and led to LGBTQ+ rights not seen as legitimate rights as they go against religious belief. This is evident under the Embryo Carrying Agreement Act which is how surrogacy is regulated in Israel. The Act includes legal requirements that discriminate against the LGBTQ+ community and shows the importance of religious attitudes, where particular attention was given to Jewish law. This can be seen in the requirements stated for surrogacy, in particular that the procedure is available for only married heterosexual couples as well as the requirement for the intended parents and surrogate to follow the same religion.

Additionally, homophobic attitudes are still present with the communities. Regardless of the enormous pressure for change since 2010, the lack of action shown by the government reveals the long road ahead for the LGBTQ+ community.

LGBTQ+ Organisations in Israel

- Tehila

- The Aguda (The Association for LGBTQ Equality in Israel)

- Iggy The Proud Youth Organisation (Israel’s national LGBTQ youth organization)

- Bat-Kol(the only NGO of LGBTQ women in Israel)

Extra Resources

- Dr Haim’s research paper on surrogacy in Israel can be found here

- Surrogacy in Israel Conference

If you wish to be involved in a future season of the LGBTQ+ Pride and the Law: A Podcast, please contact elawclinic@essex.ac.uk for more information!

In the first episode of the LGBTQ+ Podcast, our guest, Vinnosh Kumar, discusses the situation of LGBTQ+ asylum seekers in the UK.
Asylum claims based on sexual orientation and gender identity are systematically rejected both in the UK and Europe. The officials often expect the claimant to convince them that they are ‘truly’ gay or trans or other. One in three claimants is refused asylum because the officials did not believe their sexual orientation or gender identity. According to international human rights law, instead of asking whether the claimant is undoubtedly gay, the officials should ask whether they face a threat of prosecution in their country of origin based on the grounds of their sexuality.  There is also a cultural and language barrier. Many languages are not conditioned to express non-heteronormative relationships and identities.

In the UK, the LGBTQ+ asylum seekers suffer consequences of hostile asylum policies, especially in regards to housing. 60 per cent of LGBTQ+ asylum seekers live with friends and partners in private rented accommodations or houses of multiple occupations. Those who interact with their landlords face indifference or discrimination.

Nevertheless, there have been some positive developments in the case law regarding the LGBTQ+ community in the UK. In Birmingham City Council v Afsar, the case discussed in this episode, the Court agreed that an interim injunction should be granted to restrain the anti-LGBT protests organised by parents of students of the local primary school.

SOGICA Project indicates that, according to international human rights law, instead of asking whether the claimant is undoubtedly gay, the officials should ask whether they face a threat of prosecution in their country of origin based on the grounds of their sexuality or gender identity. Moreover, Vinnosh mentions the case HJ and HT v Home Secretary, where the Court decided that the fact that the claimants would not face prosecution in their country provided they concealed their sexuality could not be an argument in favor of deportation.

Vinnosh also recommends the movie My Son is Gay.

Here are some organizations that help LGBTQ+ asylum seekers with links to their websites:

LGSMigrants (Lesbian and Gays Support the Migrants): http://www.lgsmigrants.com/do-you-need-help

UK Lesbian & Gay Immigration Group: https://uklgig.org.uk/

Stonewall UK: https://www.stonewall.org.uk/asylum

City of Sanctuary UK (provides a list of local groups that support the LGBT+ asylum seekers):

If you wish to be involved in a future season of the LGBTQ+ Pride and the Law: A Podcast, please contact elawclinic@essex.ac.uk for more information!