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  • 1
    ISBN: 9780367723743 , 9780367723750
    Language: English
    Pages: xi, 225 Seiten
    Series Statement: Routledge studies in law and humanity
    Parallel Title: Erscheint auch als PERSONAL IDENTITY AND THE EUROPEAN COURT OF HUMAN RIGHTS
    Keywords: European Court of Human Rights ; Convention for the Protection of Human Rights and Fundamental Freedoms ; Personality (Law) ; Human rights ; Respect for persons Law and legislation
    Abstract: "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"-- Provided by publisher.
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  • 2
    ISBN: 9781138683266 , 9780415529723
    Language: English
    Pages: xii, 271 Seiten
    Edition: First issued in paperback
    Series Statement: Routledge research in human rights law
    Keywords: Human rights ; Personality (Law) ; Identity (Philosophical concept)
    Abstract: "This book explores how human rights law impacts the formation of personal identity. 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 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 distinguishing the 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 of self-determination. 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, and gender studies"
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