On 10 December 2025, Masuma Shahid, a PhD candidate at Erasmus School of Law within the Law & Markets department, received the Max van der Stoel Human Rights Award 2025 for her dissertation 'Queering Courts. Analysing the Equal Marriage Rights Case Law of the European Court of Human Rights, the Court of Justice of the European Union and the United States Supreme Court'. The research, supervised by Jeroen Temperman, Professor of International Law, and Ellen Hey, Professor of International and European Law, was described by the jury as "bold", "innovative" and "intellectually ambitious". The award is presented biennially to early-career researchers from the Netherlands and Flanders. It encourages innovative research on human rights in the broadest sense, ranging from classical civil liberties to questions of gender, ethnicity, identity and vulnerable groups. What particularly stood out in Shahid's dissertation was its distinctive methodological approach, combining traditional doctrinal analysis with queer legal theory and broader critical legal studies.
A new perspective on equality
In her dissertation, Shahid examines how the European Court of Human Rights, the Court of Justice of the European Union, and the United States Supreme Court address cases concerning equal marriage rights for LGBTI+ individuals. In an earlier article, we wrote with Shahid, she explained: "Judicial rulings on same-sex marriage and other rights and benefits linked to the recognition of different forms of relationships vary widely, even though they often concern the same legal questions." Shahid explored these differences not only through the conventional doctrinal analysis of case law — the so-called 'internal' perspective — but also by applying a method that goes beyond this approach. In her dissertation, she explicitly adopts an 'external' perspective, using queer legal theory and the technique of linguistic 'deconstruction' to read judicial decisions in a way that differs from standard legal interpretations.
The importance of queer legal theory
By critically examining how language is used in judicial decisions, it becomes apparent how certain normative assumptions can influence legal reasoning. Queer legal theory questions these assumptions and reveals how the law both reinforces and excludes norms. Shahid summarises this as follows: "Queer legal theory is a strand within legal scholarship that critically examines how the law regulates, affirms and often marginalises norms relating to gender and sexuality." By systematically deconstructing the language used in the judgments of the three courts, she exposes the hierarchies and oppositions underlying legal reasoning, for example, between 'normal' and 'deviant' forms of relationships, between heterosexual and same-sex couples, or between cisgender and transgender persons. This analysis shows that even ostensibly progressive judgments are often embedded in language that sustains heteronormativity and binary conceptions of gender.
Dignity as a core principle
Shahid advocates a queer approach to legal interpretation. This may involve, for instance, no longer treating concepts such as sex, gender, sexual orientation and sexuality as fixed, binary categories, but rather as spectra. Another approach is to apply fundamental rights — such as the right to marry, the right to private and family life, and the prohibition of discrimination — based on the principles of dignity and equality for every individual, regardless of dominant norms or majority views. In her dissertation, Shahid demonstrates that the principle of human dignity can serve as an important lever for creating greater space for sexual minorities. In cases where dignity is explicitly taken into account in the assessment, courts are more likely to rule in favour of same-sex couples and other sexual minorities.
Research with impact
The jury described the critical yet carefully substantiated use of queer legal theory as "the distinguishing feature conferring added value to the thesis". It makes clear how case law can evolve in step with societal developments, but also how courts may remain cautious out of fear of losing legitimacy or encountering political resistance. Moreover, the jury emphasised the undeniable societal relevance of Shahid's work. At a time when the protection of LGBTI+ rights is under pressure in many countries and is even being rolled back in some legal systems, her research demonstrates that rights for sexual minorities cannot be taken for granted, and that the way courts interpret and reason has a direct impact on people's everyday lives. By combining doctrinal research with critical legal theories, Shahid demonstrates how legal systems can either contribute to or perpetuate inequality, while also illustrating how they can become more inclusive and just.
Shahid responded with delight to winning the Max van der Stoel Human Rights Award and said she was deeply honoured by the jury's decision. "As a first-generation student, writing a PhD is not easy, so receiving such an award means even more; I am very grateful for the recognition."
- PhD student
- Related content
