Personal Identity And The European Court Of Human Rights
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Personal Identity And The European Court Of Human Rights
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Author : Jill Marshall
language : en
Publisher: Taylor & Francis
Release Date : 2022-05-25
Personal Identity And The European Court Of Human Rights written by Jill Marshall and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-25 with Law categories.
In this new and burgeoning field in legal and human rights thought, this edited collection explores, by reference to applied philosophy and case law, how the European Court of Human Rights (ECtHR) has developed and presented a right to personal identity, largely through interpretation of Article 8 of the European Convention on Human Rights. Divided into three parts, the collection interrogates: firstly, the construction of personal identity rights at the ECtHR; secondly, whose identity rights are protected; and thirdly, the limits of identity rights. The collection is the first in the Routledge Studies in Law and Humanity series. Contributions from nine leading and emerging legal scholars from the UK, Ireland and continental Europe explore how the right has developed, rights to identity and marriage, LGBTI+, persons with disabilities, religious and cultural issues and critical perspectives on the social construction and framing of the right. The collection is primarily aimed at scholars and advanced students, particularly of human rights law and its theory, Jurisprudence and Philosophy of Law, and those interested in ECtHR jurisprudence, and those interested in the connection between theories of inclusion, belonging and rights, including human rights lawyers.
Personal Freedom Through Human Rights Law
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Author : Jill Marshall
language : en
Publisher: BRILL
Release Date : 2009
Personal Freedom Through Human Rights Law written by Jill Marshall and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
By analysing the European Court of Human Rightsa (TM) jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.
Human Rights Law And Personal Identity
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Author : Jill Marshall
language : en
Publisher: Routledge
Release Date : 2014-06-20
Human Rights Law And Personal Identity written by Jill Marshall and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-20 with Law categories.
This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights. The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities. In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.
Digital Identity An Emergent Legal Concept
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Author : Clare Sullivan
language : en
Publisher: University of Adelaide Press
Release Date : 2011
Digital Identity An Emergent Legal Concept written by Clare Sullivan and has been published by University of Adelaide Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
A new legal concept of identity. As transactions once based on personal relationships are increasingly automated, it is inevitable that our traditional concept of identity will need to be redefined. This book examines the functions and legal nature of an individual's digital identity in the context of a national identity scheme. The analysis and findings are relevant to the one proposed for the United Kingdom, to other countries which have similar schemes, and to countries like Australia which are likely to establish such a scheme in the near future. Under a national identity scheme, being asked to provide ID will become as commonplace as being asked one's name, and the concept of identity will become embedded in processes essential to the national economic and social order. The analysis reveals the emergence of a new legal concept of identity. This emergent concept and the associated individual rights, including the right to identity, potentially change the legal and commercial landscape. The author examines the implications for individuals, businesses and government against a background of identity crime.
Controlling Bodies Denying Identities
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Author : Katinka Ridderbos
language : en
Publisher:
Release Date : 2011
Controlling Bodies Denying Identities written by Katinka Ridderbos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Gender identity categories.
"In 1985, the Netherlands was among the first European nations to adopt legislation granting transgender people legal recognition of their gender identity, albeit under onerous legal conditions. Over a quarter of a century later, the Netherlands has lost its leading edge. Legislation that at the time represented a progressive development is wholly out of step with current best practice and understandings of the Netherlands' obligations under international human rights law. Most egregiously, the 1985 law allows transgender people to change their gender on official documents only on condition that they have altered their bodies through hormones and surgery, and that they are permanently and irreversibly infertile. These requirements routinely leave transgender people with identity documents that do not match their deeply felt gender identity, resulting in frequent public humiliation, vulnerability to discrimination, and great difficulty finding or holding a job. The conditions imposed by the 1985 law violate transgender people's rights to personal autonomy and physical integrity and deny transgender people the freedom to define their own gender identity, which the European Court of Human Rights has called "one of the most basic essentials of self-determination." Controlling Bodies, Denying Identities documents the impact the 1985 law has on the daily life of transgender people. The report calls upon the Netherlands to amend the law to respect transgender people's human rights. It should separate medical and legal questions for transgender people. Legal recognition of the gender identity of transgender people should not be made conditional on any form of medical intervention"--P. [4] of cover.
The Legal Elements Of European Identity
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Author : Elspeth Guild
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
The Legal Elements Of European Identity written by Elspeth Guild and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
The individual has become visible throughout Europe and within its institutions as a potential or actual rights holder. He or she is no longer defined as visible or invisible in law by the nation state alone. In today's Europe, he or she establishes identity'that is, the rights to entry, residence, work, family life, and protection from expulsion'through a multilayered legal structure involving the nation state, the EU, and the Council of Europe and all their political, administrative, and judicial arenas. In this remarkable study Elspeth Guild examines the ways in which law in Europe defines the status of the individual and his or her entitlements as regards identity. Among her enlightening approaches to this complex subject the following may be listed: the right to move across borders;the limitations of citizenship of the Union as currently construed;social benefits of citizenship;residence; immigration;family reunification;human rights of foreigners;asylum;expulsion and readmission;racial discrimination; andlong-resident third-country nationals. The analysis includes extensive reference to relevant cases, especially European Court of Justice and European Court of Human Rights decisions. This is a work of great value and insight. As more and more legislation is adopted in the area of European citizenship, courts will increasingly be called upon to articulate the relationship of individuals to the territory and society in which they find themselves. And as this inevitable development is defined, all jurists and legal academics who care for civil society in Europe will discover this deeply considered book afresh.
Law Identity And Emotions
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Author : Yussef Al Tamini
language : en
Publisher:
Release Date : 2021
Law Identity And Emotions written by Yussef Al Tamini and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Human rights categories.
Rights are typically viewed as embodying interests that are natural, universal or human. This universalizing and objectifying tendency of rights is fundamentally disrupted by the advent of identity in legal discourse, with its emphasis on what is particular about individuals and groups. The aim of this thesis is to find out what identity means for the leading European human rights court, the European Court of Human Rights. In the first part of the thesis, I present a legal analysis of identity by analyzing all rulings mentioning the term 'identity'. Based on a new, systematic and empirically replicable analysis (n=3,362), I demonstrate that the Court's notion of identity is replete with internal contradictions. Yet, the analysis also shows the potential of the Court's notion of identity as a key concept to express a fuller, more complex, and more humane portrayal of the human subject in human rights adjudication. The Court's frequent use of emotions across different identity categories embodies this potential. Most notably in judgments on sexual, familial, and ethnic identity, the Court draws on emotions ranging from a sense of self-confidence to feelings of humiliation and vulnerability to express how the misrecognition of a person's identity might affect their lives. Such judgments show the Court in an exceptionally sensitive light, perceptive to the way identity and the individual's feelings are connected, and how these are impacted by the state. On the other hand, the Court is reluctant to expand on emotional implications for other categories. This gap is most evident in judgments on reputation, citizenship, profession, parents in family cases and religious identity. Hence, the relation between identity and emotions in the case law is imprecise, which constitutes a problem for both legal certainty and substantive justice. In the second part of this thesis, I reflect on this dilemma by reviewing the social theories of Charles Taylor and Axel Honneth as well as the psychological literature on identity and emotions. I argue that the European Court of Human Rights has a complex, multifarious conception of identity, one that challenges established social theories on recognition, but also one that demonstrates flaws and inconsistencies, which can be better informed and systematized by drawing from contemporary psychological findings on identity.
Protecting The Genetic Self From Biometric Threats Autonomy Identity And Genetic Privacy
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Author : Akrivopoulou, Christina M.
language : en
Publisher: IGI Global
Release Date : 2015-02-28
Protecting The Genetic Self From Biometric Threats Autonomy Identity And Genetic Privacy written by Akrivopoulou, Christina M. and has been published by IGI Global this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-28 with Science categories.
Privacy is a fundamental concern of all individuals in the modern information-driven society, but information security goes beyond digital and data-oriented approaches to include the basic components of what makes us human. Protecting the Genetic Self from Biometric Threats: Autonomy, Identity, and Genetic Privacy considers all aspects of privacy and security relating to an individual’s DNA. With a concentration on fundamental human rights as well as specific cases and examples, this essential reference brings pertinent, real-world information to researchers, scientists, and advocates for greater security and privacy in the modern world.
Case Law Of The European Court Of Human Rights Relating To Discrimination On Grounds Of Sexual Orientation Or Gender Identity
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Author : Frédéric Edel
language : en
Publisher:
Release Date : 2015
Case Law Of The European Court Of Human Rights Relating To Discrimination On Grounds Of Sexual Orientation Or Gender Identity written by Frédéric Edel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
The 1950 European Convention on Human Rights is crucial for the definition of the rights of lesbian, gay and transgender persons. The European Court of Human Rights has enshrined these rights in its case law and has played both an essential and a pioneering role at international and European levels by prompting states to make major legislative changes on issues such as sexual orientation and gender identity. This publication provides a structured insight into the Court's extensive case law. The first part presents the implementation of general principles, on an article-by-article basis, of the rights which lesbian, gay and transgender persons can claim as enshrined in the Convention (right to respect for private life, right to participate in demonstrations, right not to be subjected to discrimination, etc.). The second part covers the standard of protection afforded by the Convention to lesbian, gay and transgender persons on an "issue-by-issue" or "field-by-field" basis (sexual freedom, access to employment, justice, adoption, marriage, etc.). It specifies standard solutions applicable across the board at a European level, and those which are decided by the states. This publication is a handbook for human rights professionals, researchers and students.--Page 4 of cover.
The Empowered Self
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Author : Thomas M. Franck
language : en
Publisher: Oxford University Press on Demand
Release Date : 2001
The Empowered Self written by Thomas M. Franck and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This book examines the historic trend to individualism and shows why it is both irreversible and unthreatening to our sense of community. As people become free to choose the multiple components of their identity---religion, nationality, profession, sexuality-they take advantage of their new freedom, and the communications revolution, to form a freely chosen affiliations. While these may no longer be based primarily on geography and genetics, they nevertheless generate powerful new imagined communities that will affect the way we live, work, and love.