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International Courts as Agents of Legal Change: Evidence from LGBT Rights in Europe

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  • Helfer, Laurence R.
  • Voeten, Erik

Abstract

Do international court judgments influence the behavior of actors other than the parties to a dispute? Are international courts agents of policy change or do their judgments merely reflect evolving social and political trends? We develop a theory that specifies the conditions under which international courts can use their interpretive discretion to have system-wide effects. We examine the theory in the context of European Court of Human Rights (ECtHR) rulings on lesbian, gay, bisexual, and transgender (LGBT) issues by creating a new data set that matches these rulings with laws in all Council of Europe (CoE) member states. We also collect data on LGBT policies unaffected by ECtHR judgments to control for the confounding effect of evolving trends in national policies. We find that ECtHR judgments against one country substantially increase the probability of national-level policy change across Europe. The marginal effects of the judgments are especially high where public acceptance of sexual minorities is low, but where national courts can rely on ECtHR precedents to invalidate domestic laws or where the government in power is not ideologically opposed to LGBT equality. We conclude by exploring the implications of our findings for other international courts.

Suggested Citation

  • Helfer, Laurence R. & Voeten, Erik, 2014. "International Courts as Agents of Legal Change: Evidence from LGBT Rights in Europe," International Organization, Cambridge University Press, vol. 68(1), pages 77-110, January.
  • Handle: RePEc:cup:intorg:v:68:y:2014:i:01:p:77-110_00
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    Cited by:

    1. Mieke Verloo & Anna van der Vleuten, 2020. "Trans* Politics: Current Challenges and Contestations Regarding Bodies, Recognition, and Trans* Organising," Politics and Governance, Cogitatio Press, vol. 8(3), pages 223-230.
    2. Emily Hencken Ritter & Courtenay R. Conrad, 2016. "Human rights treaties and mobilized dissent against the state," The Review of International Organizations, Springer, vol. 11(4), pages 449-475, December.
    3. Jillienne Haglund, 2019. "International institutional design and human rights: The case of the Inter-American Human Rights System," Conflict Management and Peace Science, Peace Science Society (International), vol. 36(6), pages 608-625, November.
    4. Badgett, M.V. Lee & Waaldijk, Kees & Rodgers, Yana van der Meulen, 2019. "The relationship between LGBT inclusion and economic development: Macro-level evidence," World Development, Elsevier, vol. 120(C), pages 1-14.
    5. Erik Voeten, 2017. "Competition and Complementarity between Global and Regional Human Rights Institutions," Global Policy, London School of Economics and Political Science, vol. 8(1), pages 119-123, February.
    6. Nadiia Bortnyk & Iryna Zharovska & Tetiana Panfilova & Ivanna Lisna & Oksana Valetska, 2021. "Judicial Practice of Protecting Human Rights: Problems of the Rule of Law in a Postmodern Society," Postmodern Openings, Editura Lumen, Department of Economics, vol. 12(1), pages 102-114, March.

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