Personal Freedom Through Human Rights Law?: Autonomy, Identity and Integrity Under the European Convention on Human Rights
Article 8 of the European Convention on Human Rights provides a right to respect for onea (TM)s private life. The European Court of Human Rights has interpreted this provision broadly to include a right to personal autonomy, identity and integrity. The book examines these concepts by interconnecting case law from the Court with the philosophical debates, including those in feminism, in four parts: (1) personal freedom and human rights law (2) privacy and personal autonomy (3) personal identity (4) bodily and moral integrity. The author notes, through her analysis of the Courta (TM)s case law, that different versions of freedom are evident in the jurisprudence, including one which may restrict human freedom rather than enhance it through human rights law. This book will be invaluable to scholars of the Court, human rights and issues of the self.
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abortion aﬀect analysis applicant’s argued Article 8(2 birth chapter child choices claim Commission concept concerned conﬂict context Convention Council of Europe Court Court’s jurisprudence cultural decisions deﬁned deﬁnition diﬀerent dissenting opinion ECHR ECtHR eﬀective EHRR European example expression Feldman feminists ﬁnd ﬁrst foetus fundamental gender equality Grand Chamber homosexual human dignity human rights law Ibid ideas identity and integrity individual individual’s interference interpretation involved Islamic headscarf issue J.J. Rousseau J.S. Mill Jackson Judge Judgment jurisprudence justiﬁed L.T. Hobhouse lives margin of appreciation negative freedom O’Donovan Odievre one’s identity one’s personality one’s private paragraph Pedain people’s person’s personal autonomy personal freedom personal identity physical positive freedom positive obligations protection recognition reﬂect relationships relevant religious respect for private restrictions right to personal right to respect Ronald Dworkin self-determination self-realisation sense sexual signiﬁcant society speciﬁc transsexual treatment Turkey Application UK Application violation of Article woman women