Personal Freedom Through Human Rights Law?: Autonomy, by Jill Marshall

By Jill Marshall

Article eight of the ecu conference on Human Rights presents a correct to appreciate for one's deepest existence. the ecu court docket of Human Rights has interpreted this provision commonly to incorporate a correct to non-public autonomy, identification and integrity. The e-book examines those techniques via interconnecting case legislation from the courtroom with the philosophical debates, together with these in feminism, in 4 components: (1) own freedom and human rights legislation (2) privateness and private autonomy (3) own id (4) physically and ethical integrity. the writer notes, via her research of the Court's case legislations, that various models of freedom are glaring within the jurisprudence, together with one that might limit human freedom instead of increase it via human rights legislation. This e-book can be useful to students of the court docket, human rights and problems with the self.

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Extra resources for Personal Freedom Through Human Rights Law?: Autonomy, Identity and Integrity Under the European Convention on Human Rights (International Studies in Human Rights)

Example text

Nowlin 2002 at p. 265 with the last quote from Handyside paragraph 49. Otto-Preminger-Institute v Austria (1994) 19 EHRR 34. 160 The first is its use as a substantive concept to address the relationship between individual freedoms and collective goals. The second is a structural concept to address the limits or intensity of the review of the Court in view of its status as an international tribunal: the idea being that the Court should often defer to the judgement of national authorities on the basis that the ECHR is an international convention, not a national bill of rights.

123 Cases can be relinquished by the Chambers onto the Grand Chamber or after hearing at chambers, can be referred to the Grand Chambers. 127 As Greer has recently stated: “with one judge per member state . , the Court’s capacity is limited to about 1,000 judgments a year. ”128 Interpretative Principles Pursuant to Article 1 of the ECHR, contracting states are bound to secure to everyone within their jurisdiction the rights and freedoms set forth in it. 123 124 125 126 127 128 See A. Mowbray 2007.

11–12. A. MacKinnon 1989; 2005; D. Rhode 1990; C. Littleton 1987; N. Hirschmann 2003; R. West 1988. 56 These deeply problematic aspects to freedom are also seen in the concept of personal autonomy, as already mentioned, the ‘close cousin’ of positive freedom; personal identity and integrity which will be analysed further in Parts II, III and IV of this book respectively. Autonomy invokes ideas of self-legislation of one’s person. Identity focuses on what it means to be me and for you to be you, while integrity encompasses ideas of psychic, moral and physical space in some sense.

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