Teaching Law Students about Sexual Orientation, Gender Identity and Intersex Status within Human Rights Law: Seven Principles for Curriculum Design and Pedagogy' by
Paula Gerber and Claerwen O’Hara in (2019) 68(2)
Journal of Legal Education comments
Over the past two decades, sexual orientation, gender identity, and intersex status (SOGII) have become important aspects of human rights law. However, this reality is not widely reflected in the curriculum of human rights law programs. The reasons for this are varied but may include wariness about causing offense by using the wrong terminology or language and concern about the complexities and sensitivities surrounding different issues. This article aims to assist law school educators to overcome these concerns by providing curricular and pedagogical guidance relating to the effective and comprehensive incorporation of SOGII into a human rights law program. In particular, it provides recommendations for educators who wish to establish a stand-alone course on SOGII and human rights, as well as for those who would like to incorporate SOGII-related issues into a more general human rights law course.
It begins with an overview of the existing scholarship concerning the incorporation of SOGII issues into the law school curriculum. This analysis provides insight into the importance of teaching law students about SOGII, as well as some recommendations on how to do so. However, it also highlights how little scholarly attention has been given to the teaching of SOGII issues in the human rights law setting.
The article then goes on to posit seven curricular and pedagogical principles on how to teach SOGII issues in the specific context of human rights law. Together, these principles provide a holistic and critical approach that responds to unique aspects of human rights law, including its international focus and the “living” nature of human rights law instruments. This method involves incorporating interdisciplinary topics such as the historical treatment of sexual and gender identity minorities, highlighting the relevance of international relations and political science to rights relating to SOGII, and developing an understanding of queer theory. It also entails examining a wide variety of international and regional human rights norms and processes, as well as applicable domestic laws. In addition, this method encourages an exploration of the role that local and international nongovernmental organizations (NGOs) play in protecting rights relating to SOGII.
There is a somewhat different approach in my ‘Silences And Sexual Diversity: Difference, Comfort And Emulation In Australian First Year Law Teaching And Beyond’ in (2019) 21(1)
Flinders Law Journal 49-72.
