Human Rights Law And Personal Identity

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Human Rights Law and Personal Identity

Jill Marshall
Human Rights Law and Personal Identity Book PDF

Author : Jill Marshall
Publisher : Routledge
Page : 337 pages
File Size : 53,8 Mb
Release : 2014-06-20
Category : Law
ISBN : 9781134443338

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Human Rights Law and Personal Identity by Jill Marshall Pdf

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.

Personal Identity and the European Court of Human Rights

Jill Marshall
Personal Identity and the European Court of Human Rights Book PDF

Author : Jill Marshall
Publisher : Taylor & Francis
Page : 339 pages
File Size : 55,6 Mb
Release : 2022-05-25
Category : Law
ISBN : 9781000582802

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Personal Identity and the European Court of Human Rights by Jill Marshall Pdf

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.

Identity, Personhood and the Law

Charles Foster,Jonathan Herring
Identity Personhood and the Law Book PDF

Author : Charles Foster,Jonathan Herring
Publisher : Springer
Page : 70 pages
File Size : 54,7 Mb
Release : 2017-03-14
Category : Law
ISBN : 9783319534596

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Identity, Personhood and the Law by Charles Foster,Jonathan Herring Pdf

This book is an examination of how the law understands human identity and the whole notion of ‘human being’. On these two notions the law, usually unconsciously, builds the superstructure of ‘human rights’. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and fetuses). It also considers how we understand our identity as people, and hence how we fall into different legal categories: such as gender, religion and so on.The law makes a number of huge assumptions about some fundamental issues of human identity and authenticity – for instance that we can talk meaningfully about the entity that we call ‘our self’. Until now it has rarely, if ever, identified those assumptions, let alone interrogated them. This failure has led to the law being philosophically dubious and sometimes demonstrably unfit for purpose. Its failure is increasingly hard to cover up. What should happen legally, for instance, when a disease such as dementia eliminates or radically transforms all the characteristics that most people regard as foundational to the ‘self’? This book seeks to plug these gaps in the literature.

Personal Freedom Through Human Rights Law?

Jill Marshall
Personal Freedom Through Human Rights Law Book PDF

Author : Jill Marshall
Publisher : BRILL
Page : 245 pages
File Size : 48,9 Mb
Release : 2009
Category : Law
ISBN : 9789004170599

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Personal Freedom Through Human Rights Law? by Jill Marshall Pdf

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.

Sexual Orientation, Gender Identity and International Human Rights Law

Kerry O'Halloran
Sexual Orientation Gender Identity and International Human Rights Law Book PDF

Author : Kerry O'Halloran
Publisher : Routledge
Page : 299 pages
File Size : 51,5 Mb
Release : 2019-10-22
Category : Law
ISBN : 9780429809729

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Sexual Orientation, Gender Identity and International Human Rights Law by Kerry O'Halloran Pdf

This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.

New Technologies and Human Rights

Norberto Nuno Gomes de Andrade,Lúcio Tomé Féteira
New Technologies and Human Rights Book PDF

Author : Norberto Nuno Gomes de Andrade,Lúcio Tomé Féteira
Publisher : Routledge
Page : 352 pages
File Size : 44,5 Mb
Release : 2016-05-13
Category : Law
ISBN : 9781317087915

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New Technologies and Human Rights by Norberto Nuno Gomes de Andrade,Lúcio Tomé Féteira Pdf

Whilst advances in biotechnology and information technology have undoubtedly resulted in better quality of life for mankind, they can also bring about global problems. The legal response to the challenges caused by the rapid progress of technological change has been slow and the question of how international human rights should be protected and promoted with respect to science and technology remains unexplored. The contributors to this book explore the political discourse and power relations of technological growth and human rights issues between the Global South and the Global North and uncover the different perspectives of both regions. They investigate the conflict between technology and human rights and the perpetuation of inequality and subjection of the South to the North. With emerging economies such as Brazil playing a major role in trade, investment and financial law, the book examines how human rights are affected in Southern countries and identifies significant challenges to reform in the areas of international law and policy.

Human Rights, Sexual Orientation, and Gender Identity

Anne Hellum
Human Rights Sexual Orientation and Gender Identity Book PDF

Author : Anne Hellum
Publisher : Unknown
Page : 0 pages
File Size : 51,9 Mb
Release : 2017
Category : Gay rights
ISBN : 1138698504

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Human Rights, Sexual Orientation, and Gender Identity by Anne Hellum Pdf

How human rights principles, like the right to gender identity, freedom, integrity and equality, respond to the concerns of different groups of adults and children who experience gender harm due to the binary conception of sexuality and gender identity is the main theme of this book. Demonstrating how the legal gender assigned at birth impacts on feelings of recognition, self-confidence and self-respect in the private, social, and legal spheres.

Grandparents and the Law

Samantha M Davey,Jaime Lindsey
Grandparents and the Law Book PDF

Author : Samantha M Davey,Jaime Lindsey
Publisher : Bloomsbury Publishing
Page : 253 pages
File Size : 54,8 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509953424

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Grandparents and the Law by Samantha M Davey,Jaime Lindsey Pdf

Should grandparents have rights in relation to their grandchildren? If so, what should the content of those rights be, both procedurally and substantively? And what is the appropriate role of the law in providing solutions to problems arising in the context of grandparents' rights? This book considers these questions from both a public and a private law perspective, and analyses the human rights implications for parties such as children, parents and grandparents. It also explores the topic of grandparents' rights in the context of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, as well as in other jurisdictions, such as Iran, France and Nepal. The book argues that grandparents' rights have so far received insufficient acknowledgement and, consequently, that relationships between grandparents and grandchildren have received insufficient protection. However, it is crucial that the protection of grandparents' rights is balanced with the rights of parents and the rights and welfare of children; the book considers how best to achieve this, for example in disputes on child arrangements (i.e. residence and contact), child protection matters and in adoption cases. The book is of particular interest to all academics seeking a clear framework for the protection of grandparents' rights in private and public law proceedings.

Computers, Privacy and Data Protection: an Element of Choice

Serge Gutwirth,Yves Poullet,Paul De Hert,Ronald Leenes
Computers Privacy and Data Protection an Element of Choice Book PDF

Author : Serge Gutwirth,Yves Poullet,Paul De Hert,Ronald Leenes
Publisher : Springer Science & Business Media
Page : 457 pages
File Size : 53,8 Mb
Release : 2011-02-26
Category : Law
ISBN : 9789400706415

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Computers, Privacy and Data Protection: an Element of Choice by Serge Gutwirth,Yves Poullet,Paul De Hert,Ronald Leenes Pdf

This timely interdisciplinary work on current developments in ICT and privacy/data protection, coincides as it does with the rethinking of the Data Protection Directive, the contentious debates on data sharing with the USA (SWIFT, PNR) and the judicial and political resistance against data retention. The authors of the contributions focus on particular and pertinent issues from the perspective of their different disciplines which range from the legal through sociology, surveillance studies and technology assessment, to computer sciences. Such issues include cutting-edge developments in the field of cloud computing, ambient intelligence and PETs; data retention, PNR-agreements, property in personal data and the right to personal identity; electronic road tolling, HIV-related information, criminal records and teenager's online conduct, to name but a few.

Human Rights

David Kinley,Wojciech Sadurski,Kevin Walton
Human Rights Book PDF

Author : David Kinley,Wojciech Sadurski,Kevin Walton
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 47,8 Mb
Release : 2013-11-29
Category : Political Science
ISBN : 9781781002759

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Human Rights by David Kinley,Wojciech Sadurski,Kevin Walton Pdf

Encouraging new thinking about conventional understandings of human rights, this book will strongly appeal to international lawyers, legal and political philosophers, as well as graduate students and upper-level undergraduate students in law and philos

Rereading Identity Deception in the UK Sexual Offences Act 2003

Rakiya Farah
Rereading Identity Deception in the UK Sexual Offences Act 2003 Book PDF

Author : Rakiya Farah
Publisher : Springer Nature
Page : 133 pages
File Size : 55,9 Mb
Release : 2023-12-12
Category : Law
ISBN : 9783031444753

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Rereading Identity Deception in the UK Sexual Offences Act 2003 by Rakiya Farah Pdf

Does the Sexual Offences Act (SOA) 2003 provide for consent to be vitiated in all the circumstances we think it should? Can, and should, section 76(2)(b) (the impersonation provision) be read to include a different class of identity deceptions? How should the concept of personal identity be understood in this context? While the concept has had some airing in the courts, and the distinction between identity and attributes of the person softened, the law on rape still fails to give proper effect to identity deception and leaves many questions unanswered. This book offers a novel take on the problem of sexual deception. Through meticulous interrogation of the meaning and normative implications of the concept of personal identity, it challenges the law’s restrictive approach and argues that qualitative identity is, like numerical identity, normatively important. This book provides a comprehensive and nuanced analysis of the philosophical, theoretical, and psychological experimental literature on personal identity, marshalling relevant insights to support a broader reading of the impersonation provision. The argumentative thrust of the book is an extended equivalence thesis, which links numerical with qualitative identity. In this task, it engages in capacious exploration of different kinds of impersonation, at each juncture leading the reader to a more permissive understanding. Guided by the principle of consistency, the central thesis is that certain deceptions about personal traits should be unlawful based on existing prohibitions with which there is equivalence. A central contribution of the book is the articulation of a theoretical framework to support a richer understanding of identity, giving due attention to its qualitative aspects. This new framework is applied at stage three of the equivalence thesis to explain the relationship between individual traits and identity change. By implication, a potentially wide scope of consent-vitiating deceptions is endorsed. This presents a challenge to those who would defend more stringent limits. The book thus invites further discussion on the implications of this approach for the law on rape and indicates areas for further research and attention.

International Human Rights Law in Africa

Christof Heyns,Morne van der Linde
International Human Rights Law in Africa Book PDF

Author : Christof Heyns,Morne van der Linde
Publisher : BRILL
Page : 903 pages
File Size : 51,8 Mb
Release : 2022-11-07
Category : Law
ISBN : 9789004532007

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International Human Rights Law in Africa by Christof Heyns,Morne van der Linde Pdf

The aim of this reference work is to make African human rights law accessible to all those involved in or interested in human rights law on the continent in order to strengthen its impact. Primary documents are introduced and reproduced and presented in a coherent framework. The main institutions - public and private - dealing with human rights in Africa are identified and discussed. Comprehensive overviews of the international human rights legal regimes applicable to Africa, as well as country reports are provided. This book tries to contribute towards documenting, systemising and anchoring the African human rights system. The print edition is available as a set of two volumes (9789004138810).

Identity, Belonging and Human Rights: A Multi-Disciplinary Perspective

Nasia Hadjigeorgiou
Identity Belonging and Human Rights A Multi Disciplinary Perspective Book PDF

Author : Nasia Hadjigeorgiou
Publisher : BRILL
Page : 174 pages
File Size : 49,6 Mb
Release : 2019-01-04
Category : Political Science
ISBN : 9781848884571

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Identity, Belonging and Human Rights: A Multi-Disciplinary Perspective by Nasia Hadjigeorgiou Pdf

This edited volume is concerned with the relationship between three key concepts – identity, belonging and human rights – and explores them both by engaging in theoretical analysis and through more practical contributions.

Digital Identity, an Emergent Legal Concept

Clare Sullivan
Digital Identity an Emergent Legal Concept Book PDF

Author : Clare Sullivan
Publisher : University of Adelaide Press
Page : 178 pages
File Size : 53,5 Mb
Release : 2011
Category : Law
ISBN : 9780980723014

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Digital Identity, an Emergent Legal Concept by Clare Sullivan Pdf

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.

Personal Identity in Moral and Legal Reasoning

Richard Prust,Jeffery Geller
Personal Identity in Moral and Legal Reasoning Book PDF

Author : Richard Prust,Jeffery Geller
Publisher : Vernon Press
Page : 132 pages
File Size : 41,5 Mb
Release : 2019-10-31
Category : Philosophy
ISBN : 9781622737475

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Personal Identity in Moral and Legal Reasoning by Richard Prust,Jeffery Geller Pdf

Many questions about moral and legal judgments hinge on how we understand the identity of the agents. The intractability of many of these questions stems, this book argues, from ignoring how we actually connect actions with agents. When making everyday judgments about the morality or legality of actions, we do not use Aristotelian logic but what is termed “character logic”. The difference is crucial because implicit in character logic is an understanding of personal identity that is both coherent and intuitively familiar. A person, as we conceptualize him in moral and legal contexts, is a character of resolve. By unpacking what it means to be a character of resolve, this book reveals what underwrites our most fundamental beliefs about a person’s rights and responsibilities. It also provides a new and useful perspective on a variety of issues about rights and responsibilities that perennially occupy philosophers. This book discusses the following: • How we can make better sense of “human rights” if we think of them as “personal rights”. • How the right to be civilly disobedient, in contrast with ordinary law-breaking, can be justified as a personal right. • What basis we have for holding that someone’s responsibility is diminished. • How it makes sense to hold someone responsible for acting irresponsibly. • How it makes sense to distinguish a juvenile offender from someone who should be tried in criminal court. • What kind of correction we should expect from our correctional institutions and how we should design them to achieve that. By making explicit the axioms of character logic and exploring their origins and justification, the book provides a conceptually powerful tool for interpreting the protocols of a person-respecting society.