Personal Freedom through Human Rights Law?: Autonomy, Identity and Integrity under the European Convention on Human Rights »

Jill Marshall Ph.D. (2003) in Law, University of London, is a lecturer in law at Queen Mary, University of London. She has published in the area of feminist jurisprudence and human rights including Humanity, Freedom and Feminism (Ashgate 2005).

Article 8 of the European Convention on Human Rights provides a right to respect for one’s private life. The European Court of Human Rights has interpreted this provision broadly to include a right to personal autonomy, identity and integrity. The book examines these concepts by interconnecting case law from the Court with the philosophical debates, including those in feminism, in four parts: (1) personal freedom and human rights law (2) privacy and personal autonomy (3) personal identity (4) bodily and moral integrity. The author notes, through her analysis of the Court’s case law, that different versions of freedom are evident in the jurisprudence, including one which may restrict human freedom rather than enhance it through human rights law. This book will be invaluable to scholars of the Court, human rights and issues of the self.

Ch. 1 Introduction to the book 1

Pt. I Human Rights and Freedom

Ch. 2 Personal Freedom and Human Rights Law 13

Ch. 3 The European Convention on Human Rights and Personhood 33

Pt. II Privacy and Personal Autonomy at the European Court of Human Rights

Ch. 4 From Privacy to Personal Autonomy 49

Ch. 5 The ECtHR's Development of Respect for Private Life into a Real Right to Personal Autonomy 69

Pt. III Personal Identity and the European Court of Human Rights

Ch. 6 Personal Identity Definitions 89

Ch. 7 Sexual Identity 103

Ch. 8 Identity and Access to Information Important to One's Identity 123

Ch. 9 Religious Identity 139

Pt. IV Personal Integrity

Ch. 10 Bodily and Moral Integrity Rights 165

Ch. 11 Conclusion to the book 203

Bibliography 207

Index 231