Download or read book Personal Identity and the European Court of Human Rights written by Jill Marshall and published by Taylor & Francis. This book was released on 2022-05-25 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Personal Freedom Through Human Rights Law written by Jill Marshall and published by BRILL. This book was released on 2009 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Human Rights Law and Personal Identity written by Jill Marshall and published by Routledge. This book was released on 2014-06-20 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Digital Identity an Emergent Legal Concept written by Clare Sullivan and published by University of Adelaide Press. This book was released on 2011 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Law Identity and Emotions written by Yussef Al Tamini and published by . This book was released on 2021 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

Download or read book A People s History of the European Court of Human Rights written by Michael Goldhaber and published by Rutgers University Press. This book was released on 2007-04-10 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The exceptionality of America’s Supreme Court has long been conventional wisdom. But the United States Supreme Court is no longer the only one changing the landscape of public rights and values. Over the past thirty years, the European Court of Human Rights has developed an ambitious, American-style body of law. Unheralded by the mass press, this obscure tribunal in Strasbourg, France has become, in many ways, the Supreme Court of Europe. Michael Goldhaber introduces American audiences to the judicial arm of the Council of Europe—a group distinct from the European Union, and much larger—whose mission is centered on interpreting the European Convention on Human Rights. The Council routinely confronts nations over their most culturally-sensitive, hot-button issues. It has stared down France on the issue of Muslim immigration; Ireland on abortion; Greece on Greek Orthodoxy; Turkey on Kurdish separatism; Austria on Nazism; and Britain on gay rights and corporal punishment. And what is most extraordinary is that nations commonly comply. In the battle for the world’s conscience, Goldhaber shows how the court in Strasbourg may be pulling ahead.

Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

Download or read book European Consensus and the Legitimacy of the European Court of Human Rights written by Kanstantsin Dzehtsiarou and published by Cambridge University Press. This book was released on 2015-04-30 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.

Download or read book Right to Identity written by Paul Tiedemann and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the case law of the Inter-American Court of Human Rights, the catalogue of human rights as it is expressed in the American Convention of Human Rights, as well as in all the other international codifications of human rights, contains a serious gap. It does not provide a particular right for the protection of identity. Therefore, the Court demands the creation of an unwritten human right to identity by case law in addition to the written codices of human rights in international law. The philosophers, lawyers and political scientists joined in this book discuss this assumption under different aspects and from different cultural and legal backgrounds (Brazil, China, Germany, Japan, and Turkey). The book contains contributions that analyze the meaning(s) of the concept "identity" based on an individual approach as well as on the basis of a collective approach. It deals with certain aspects of identity in the context of certain fields of positive law, including criminal law and family law, and it questions the real need for a new right to identity.

Download or read book Criticism of the European Court of Human Rights written by Patricia Popelier and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of the volume is to explore how widespread criticism of the European Court of Human Rights is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection.

Download or read book Controlling Bodies Denying Identities written by Katinka Ridderbos and published by . This book was released on 2011 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Download or read book The Cambridge Handbook of New Human Rights written by Andreas von Arnauld and published by Cambridge University Press. This book was released on 2020-01-02 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.

Download or read book Prohibition of Discrimination Under the European Convention on Human Rights written by Frédéric Edel and published by Council of Europe. This book was released on 2010-01-01 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: On the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, On the other hand, The first article of Protocol No. 12, ratified by only some of the members. The content of the prohibition laid down by these two provisions is the same, The only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", The first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law". This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both To The main principles which guide its implementation and To The specific solutions which the Court has adopted in relation to discrimination. Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), The question of the content of such a prohibition (what precise obligations does it imply?), and last, The question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. it also constitutes a useful resource For The implementation of the European Convention on Human Rights in the signatory states.

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Download or read book Shaping Rights in the ECHR written by Eva Brems and published by Cambridge University Press. This book was released on 2014-01-23 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.

Download or read book 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 published by . This book was released on 2015 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.