From Bogeyman to Bison: a herd-like amnesia of HIV?

Queer theorists from across a broad range of disciplines argue that we are in a ‘normalizing’ or ‘homonormative’ period, in which marginalized subjectivities strive to align themselves with hegemonic norms. In terms of LGBTQ rights and representation, it can be argued that this has resulted in an increased visibility of ‘desirable’ gays (monogamous – ideally civil-partnered, white, financially-independent, able-bodied) and the decreased visibility of ‘undesirable’ gays (the sick, the poor, the non-white, the non gender-conforming). Focusing specifically on the effects of this hierarchy on the contemporary theatrical representation of gay HIV/AIDS subjectivities, this article looks at two performances, Reza Abdoh’s Bogeyman (1991) and Lachlan Philpott’s Bison (2009/10). The essay argues that HIV/AIDS performance is as urgently necessary today as in the early 1990s, and that a queer dramaturgy, unafraid to resist the lure of normativity or the ‘gaystreaming’ of LGBT representation, is a vital intervention strategy in contemporary (LGBT) theatre.

Realising political equality: the European Court of Human Rights and positive obligations in a democracy'

The European Convention on Human Rights (ECHR) speaks of the importance of an “effective political democracy” in its Preamble, though it is only in Article 3 of Protocol 1 (P1-3) that we find a right to free elections. This paper discusses the role of “positive obligations” under P1-3. This paper outlines the positive obligations in P1-3 focusing on obligations where the state is required to do more than just change the law. This may mean providing resources or facilities, adopting regulatory frameworks or creating new institutions. The paper highlights specific positive obligations that need to be further developed in the jurisprudence of the European Court of Human Rights (ECtHR). Sometimes these can be developed by analogy with positive obligations recognised in other areas of ECtHR jurisprudence. However, beyond these cases, states should ensure that members of vulnerable and disadvantaged minorities are able to participate in the electoral process and should ensure that dominant political groups cannot abuse their political power to exclude other parties unfairly. This is necessary to realise equal political rights. The second section of this paper sketches some preliminary points about the Strasbourg institutions’ approach to P1-3. After that, the third section identifies circumstances where the ECtHR should apply a more intense scrutiny in P1-3 cases. The fourth, fifth and sixth sections look at positive obligations relating to the right to vote, the right to run for election and the regulation of political parties.

The Victim Test under the Human Rights Act 1998 and its Implications for Domestic Violence Cases

The European Court of Human Rights has now clearly established that domestic violence constitutes a human rights issue. However, there are a number of difficulties involved in using the Human Rights Act 1998 in relation to violence against women in the home. One of these obstacles is the restrictive test of standing found in the Act, which is problematic as regards an ‘unseen crime’ such as domestic violence. This article examines this test of standing and the difficulties it poses in the context of violence against women in the home. It then considers alternative models for the standing requirement and assesses whether a change in the test of standing would produce beneficial results as regards the issue of domestic violence.

Human Rights in the Courts of Northern Ireland 2009-10

This article surveys and comments on the decisions issued on human rights points by courts in Northern Ireland during the legal year 2009-2010.

The Fundamental Rights Agency of the EU A New Panopticism

The Fundamental Rights Agency of the European Union (FRA) is the EU’s newest, and only, human rights institution. The FRA represents a new way of speaking about rights in the EU, using ‘governance’ language. It was not conceived as a traditional human rights monitoring body and the monitoring mission was actively abandoned in favour of an advisory one. This article examines how the FRA’s governance-related role actually reveals a type of monitoring best understood as ‘surveillance’ in a critical, Foucauldian sense. In exercising surveillance tactics, the FRA represents a model of panopticism which allows it to carry out a new form of government. This is an interesting observation not only because of the implications it has for an EU that is striving to move away from government towards governance, but also because it challenges the assumption of the FRA as a ‘beacon on fundamental rights’ and a model of apolitical progress.