Personal Identity and the European Court of Human Rights

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.

Auteur

Jill Marshall is a full time Law Professor at Royal Holloway University of London. Her research deals with the role law plays in creating, allowing, representing and protecting certain aspects of our human identity and personal freedom with emphasis on the connections between law and humanity, care and belonging. Her work particularly focuses on women's human rights, privacy, expression, and sexual violence in conflict and includes analysis of International law, global justice and human rights in their complexities of real life situations.

Contenu

Table of Contents;

Foreword by Carl Stychin;

Series Editor's Preface;

Introduction, Jill Marshall;

Part I: Constructing Personal Identity Rights at the European Court of Human Rights;

1. An Overview of the Development of the Right to Personal Identity at the European Court of Human Rights, Jill Marshall;

2. Narratives of Absence: on the construction and limits of the category of personal identity in European Human Rights Law, Sarah Trotter;

3. Privacy and the Social Construction of Identity: An Interrelated History, Paul Friedl;

Part II: Protecting Whose Identity Rights?

4. Disabled Identity and the Ability to Make Decisions, Janos Fiala-Butora;

5. LGBTI People, the Council of Europe and the European Court of Human Rights, Paul Johnson;

6. Marriage, Identity and the European Court of Human Rights, David Feldman;

7. What to do with the 'Buried Giant'? - Collective Historical Memory and Identity in the Freedom of Expression Case Law of the European Court of Human Rights, Tom Lewis and Peter Cumper;

Part III: Limits of Identity Rights?

8. A 'Personal' Right to a Decolonised University Curriculum? Dr Patricia Tuitt;

9. Foucault on the limits of identity rights, Dr Deirdre McGowan;