Personal Identity and the European Court of Human Rights

This edited collection examines how the European Court of Human Rights (ECtHR) has developed a right to personal identity through interpretation of Article 8 of the European Convention on Human Rights. It explores the construction of personal identity rights, protected identities, and the limits of identity rights, with contributions from legal scholars from the UK, Ireland, and continental Europe. The collection is aimed at scholars and advanced students in human rights law, jurisprudence, and philosophy of law.

Format: Paperback / softback
Length: 238 pages
Publication date: 29 January 2024
Publisher: Taylor & Francis Ltd

In this dynamic and evolving realm of legal and human rights thought, this meticulously edited collection delves into the intricate development and presentation of a fundamental right to personal identity by the European Court of Human Rights (ECtHR). Through a thoughtful exploration of applied philosophy and case law, the collection sheds light on how the ECtHR has interpreted Article 8 of the European Convention on Human Rights, thereby establishing a profound understanding of the concept of personal identity.

The book is organized into three distinct parts, each offering a comprehensive examination of different aspects of the right to personal identity. The first part delves into the construction of personal identity rights at the ECtHR, exploring the philosophical foundations and legal frameworks that shape this essential aspect of human existence. The second part examines the scope of identity rights, exploring who is entitled to protection under this fundamental right. Finally, the third part explores the boundaries and limitations of identity rights, examining the potential challenges and limitations that may arise in the exercise and enforcement of these rights.

Contributions from nine esteemed legal scholars hailing from the UK, Ireland, and continental Europe grace this collection. These scholars offer insightful perspectives on the evolution of the right to identity and marriage, the rights of LGBTI+ individuals, the rights of persons with disabilities, religious and cultural issues, and critical examinations of the social construction and framing of the right. Their expertise and insights provide a rich tapestry of knowledge that will captivate scholars and advanced students, particularly those specializing in human rights law, its theory, jurisprudence, and philosophy of law.

Moreover, this collection holds significant appeal to those interested in ECtHR jurisprudence, as well as those seeking to explore the interconnected realms of theories of inclusion, belonging, and rights, including human rights lawyers. The ECtHR's interpretation of Article 8 has had a profound impact on the global landscape, shaping the understanding and protection of personal identity rights across various jurisdictions. By examining the ECtHR's approach, this collection offers valuable insights into the ongoing struggle for equality, justice, and the recognition of diverse identities.

In conclusion, this edited collection is a groundbreaking contribution to the field of legal and human rights thought. It provides a comprehensive and nuanced exploration of the right to personal identity, shedding light on its historical development, legal frameworks, and the diverse perspectives that shape its interpretation. Through its insightful contributions, this book serves as a valuable resource for scholars, advanced students, and practitioners alike, contributing to our understanding of the complex interplay between law, human rights, and the pursuit of a more inclusive and equitable society.

Weight: 362g
Dimension: 156 x 234 x 19 (mm)
ISBN-13: 9780367723750