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Personal Identity and the European Court of Human Rights

Personal Identity and the European Court of Human Rights

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780367723750
  • 出版时间 January 2024
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9780367723743

List Price: ¥469.06

¥454.99 Save ¥14.07 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

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