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Title:
Personal identity and the European Court of Human Rights / Jill Marshall.
Publisher:
Routledge,
Copyright Date:
2022
Description:
xi, 225 pages ; 25 cm
Subject:
Convention for the Protection of Human Rights and Fundamental Freedoms--(1950 November 5).--Article 8.
European Court of Human Rights.
European Court of Human Rights.
Convention for the Protection of Human Rights and Fundamental Freedoms.
Personality (Law)--Europe.
Human rights--Europe.
Respect for persons--Law and legislation--Europe.
Human rights.
Personality (Law)
Respect for persons--Law and legislation.
Europe.
Other Authors:
Marshall, Jill, 1966- editor.
Notes:
Includes bibliographical references and index.
Contents:
Index. Foreword -- Series editor's preface -- Foucault on the limits of identity rights / Deirdre McGowan -- 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 permissible identity rights -- .4. Disabled identity and the ability to make decisions / Janos Fiala-Butora -- 5. LGBT rights at 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 / Peter Cumper and Tom Lewis -- Part III : Limits of identity rights? -- 8. A 'personal' right to a decolonised university curriculum? / Patricia Tuitt -- 9. Foucault on the limits of identity rights / Deirdre McGowan -- Index.
Summary:
"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.
Series:
Routledge studies in law and humanity
ISBN:
0367723751
9780367723750
0367723743
9780367723743
OCLC:
(OCoLC)1285575640
LCCN:
2021055697
Locations:
OVUX522 -- University of Iowa Libraries (Iowa City)

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