By Jill Marshall
Article eight of the ecu conference on Human Rights offers a correct to appreciate for one's deepest lifestyles. the eu courtroom of Human Rights has interpreted this provision widely to incorporate a correct to non-public autonomy, identification and integrity. The ebook examines those ideas by way of interconnecting case legislation from the courtroom with the philosophical debates, together with these in feminism, in 4 elements: (1) own freedom and human rights legislations (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 diverse types of freedom are obtrusive within the jurisprudence, together with one that may well limit human freedom instead of improve it via human rights legislations. This booklet can be important 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
137 Proportionality and Balancing Of course a major issue in the Court’s jurisprudence is delimiting the right of one’s personality by reference to the corresponding rights of others. Approaching this from the perspective of the competition between two individuals, each entitled to legally equivalent rights to personality, it seems that the Court has to balance the rights of each and decide who has the best claim to their rights being upheld. Often however the reasoning reflects a balance between the individual applicant’s rights and the rights of the majority or the community as a group and the calculus takes on utilitarian dimensions.
Remembering Darwin we must note . . that this is increasingly seen as part of what successful evolution is all about . 89 Gearty concludes that the idea of human rights has at its core two dimensions. There is the absolute side – the moral wrongness of cruelty and humiliation, and there is also the perhaps less clear but essential dedication to human flourishing. The two are said to be linked in that each flows from a commitment to human dignity which is in turn manifested in acts of compassion towards the other.
As we shall see in Part III in particular, this links to Charles Taylor’s work on equal recognition and the purpose of human rights in this regard. The positive side – stressing growth and personal success – sees human rights as radically pluralist. ”90 Human rights is concerned with valuing each of us for what we are, and what we are is a self that is located – in a family, community, nation, an ethnic group. 91 As already referred to, the so-called second wave of the evolution of human rights concepts took place in the birth of the international human rights movement following the second world war.