Personal Identity And The European Court Of Human Rights

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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 : 50,8 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.

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 : 41,6 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.

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 : 42,5 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.

Human Rights Law and Personal Identity

Jill Marshall
Human Rights Law and Personal Identity Book PDF

Author : Jill Marshall
Publisher : Routledge
Page : 272 pages
File Size : 46,5 Mb
Release : 2014-06-20
Category : Law
ISBN : 9781134443260

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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.

The European Court of Justice on the European Convention on Human Rights

Elspeth Guild,Guillaume Lesieur
The European Court of Justice on the European Convention on Human Rights Book PDF

Author : Elspeth Guild,Guillaume Lesieur
Publisher : BRILL
Page : 466 pages
File Size : 51,9 Mb
Release : 2024-01-22
Category : Law
ISBN : 9789004637214

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The European Court of Justice on the European Convention on Human Rights by Elspeth Guild,Guillaume Lesieur Pdf

The place of the European Convention on Human Rights within the legal order of the European Union has been the subject of much controversy over the past twenty years. It is now almost 25 years since the European Court of Justice in Luxembourg first referred specifically to the Human Rights Convention in one of its judgments. Since then it has considered and commented on almost all of the substantive articles of the Human Rights Convention in the context of European Community law. For the first time, these references to the European Convention on Human Rights by the European Court of Justice, the Court of First Instance and the Advocates General of the two Courts have been brought together and published by reference to the substantive right under consideration. This book presents extensive extracts from these cases, permitting the reader to follow the development of the Court's thinking on each article of the European Convention on Human Rights. It is an invaluable reference work for any practitioner, academic lawyer or student working in the field either of human rights or European Community law, who needs to look at the actual source material on the Court of Justice's handling of its Member States' human rights obligations.

General Principles of the European Convention on Human Rights

Janneke Gerards
General Principles of the European Convention on Human Rights Book PDF

Author : Janneke Gerards
Publisher : Cambridge University Press
Page : 406 pages
File Size : 41,6 Mb
Release : 2023-06-30
Category : Political Science
ISBN : 9781009050937

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General Principles of the European Convention on Human Rights by Janneke Gerards Pdf

The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.

Donor Conception and the Search for Information

Sonia Allan
Donor Conception and the Search for Information Book PDF

Author : Sonia Allan
Publisher : Taylor & Francis
Page : 254 pages
File Size : 49,6 Mb
Release : 2016-10-14
Category : Law
ISBN : 9781317177821

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Donor Conception and the Search for Information by Sonia Allan Pdf

This book examines donor conception and the search for information by donor-conceived people. It details differing regulatory approaches across the globe, including those that provide for ‘open-identity’ or anonymous donation, or that take a ‘dual-track’ approach. In doing so, it identifies models regarding the recording and release of information about donors that may assist in the further development of the law, policy and associated practices. Arguments for and against donor anonymity are considered, and specifically critiqued. The study highlights contrasting reasoning and emphasis upon various interests and factors that may underpin secrecy, anonymity or openness. The book will be of value to academics, students and legal practitioners involved with this area. It is also relevant to policy makers, health practitioners and anyone with an interest in the subject.

Prohibition of Discrimination Under the European Convention on Human Rights

Frédéric Edel,Council of Europe
Prohibition of Discrimination Under the European Convention on Human Rights Book PDF

Author : Frédéric Edel,Council of Europe
Publisher : Council of Europe
Page : 156 pages
File Size : 49,8 Mb
Release : 2010-01-01
Category : Political Science
ISBN : 9287168172

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Prohibition of Discrimination Under the European Convention on Human Rights by Frédéric Edel,Council of Europe Pdf

The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: On the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, On the other hand, The first article of Protocol No. 12, ratified by only some of the members. The content of the prohibition laid down by these two provisions is the same, The only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", The first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law". This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both To The main principles which guide its implementation and To The specific solutions which the Court has adopted in relation to discrimination. Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), The question of the content of such a prohibition (what precise obligations does it imply?), and last, The question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. it also constitutes a useful resource For The implementation of the European Convention on Human Rights in the signatory states.

The Constitutional Relevance of the ECHR in Domestic and European Law

Giorgio Repetto
The Constitutional Relevance of the ECHR in Domestic and European Law Book PDF

Author : Giorgio Repetto
Publisher : Intersentia Uitgevers N V
Page : 251 pages
File Size : 51,9 Mb
Release : 2013
Category : Law
ISBN : 1780681186

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The Constitutional Relevance of the ECHR in Domestic and European Law by Giorgio Repetto Pdf

In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 41,5 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child

Mónica Feria Tinta
The Landmark Rulings of the Inter American Court of Human Rights on the Rights of the Child Book PDF

Author : Mónica Feria Tinta
Publisher : BRILL
Page : 697 pages
File Size : 44,6 Mb
Release : 2008
Category : Law
ISBN : 9789004165137

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The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child by Mónica Feria Tinta Pdf

This is the first comprehensive treatment of the topic of the Rights of the Child as reflected in the jurisprudence of the Inter-American Court of Human Rights. It reviews all decisions of the Inter-American Court relating to the Rights of the Child and analyses the principles held therein making them available to practitioners, academics and students of this area of the law.

Human Rights in the Council of Europe and the European Union

Steven Greer,Janneke Gerards,Rose Slowe
Human Rights in the Council of Europe and the European Union Book PDF

Author : Steven Greer,Janneke Gerards,Rose Slowe
Publisher : Cambridge University Press
Page : 561 pages
File Size : 47,8 Mb
Release : 2018-03-29
Category : Law
ISBN : 9781107025509

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Human Rights in the Council of Europe and the European Union by Steven Greer,Janneke Gerards,Rose Slowe Pdf

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Family Law

John Eekelaar,Mavis Maclean
Family Law Book PDF

Author : John Eekelaar,Mavis Maclean
Publisher : Oxford University Press, USA
Page : 416 pages
File Size : 50,8 Mb
Release : 1994
Category : Domestic relations
ISBN : STANFORD:36105060988628

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Family Law by John Eekelaar,Mavis Maclean Pdf

Family law is without doubt one of the most interesting and challenging areas of the modern legal syllabus, combining a high level of social science theory with substantive law on matters as diverse as the rights of children, surrogate parenthood, adoption, domestic violence and the financial consequences of divorce. In this edited collection of key texts law is shown to be one of the most important factors in shaping and regulating contemporary family life, from defining 'what is a family' through to intervening to protect and enforce the right of individual family members. Given the importance of family life and family values, law and the family has become a highly sensitive political issue, and this richly varied collection underscores the value of a contextual approach, and the importance of empirical research, to the shaping of family law.

Taking a Case to the European Court of Human Rights

Philip Leach
Taking a Case to the European Court of Human Rights Book PDF

Author : Philip Leach
Publisher : Oxford University Press, USA
Page : 695 pages
File Size : 55,7 Mb
Release : 2011-08-11
Category : Law
ISBN : 9780199585021

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Taking a Case to the European Court of Human Rights by Philip Leach Pdf

Previous editions published : 2nd (2005) and 1st (2001).

European Law and New Health Technologies

Mark L. Flear,Anne-Maree Farrell,Tamara K Hervey,Thérèse Murphy
European Law and New Health Technologies Book PDF

Author : Mark L. Flear,Anne-Maree Farrell,Tamara K Hervey,Thérèse Murphy
Publisher : Oxford University Press
Page : 477 pages
File Size : 45,8 Mb
Release : 2013-03-14
Category : Law
ISBN : 9780199659210

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European Law and New Health Technologies by Mark L. Flear,Anne-Maree Farrell,Tamara K Hervey,Thérèse Murphy Pdf

New health technologies promise great things but they also pose significant challenges for governments, particularly around safety concerns, effectiveness, and value for money. This collection analyses the defining features of the relationship between EU law and new technologies, and the roles of risk, rights, ethics, and markets.