1st Edition

Personal Identity and the European Court of Human Rights

Edited By Jill Marshall Copyright 2022
    238 Pages
    by Routledge

    238 Pages
    by Routledge

    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.

    Table of Contents

    Foreword by Carl Stychin

    Series Editor’s Preface

    Introduction, Jill Marshall

    Part I: Constructing Personal Identity Rights at the European Court of Human Rights

    1. An Overview of the Development of the Right to Personal Identity at the European Court of Human Rights, Jill Marshall

    2. Narratives of Absence: on the construction and limits of the category of personal identity in European Human Rights Law, Sarah Trotter

    3. Privacy and the Social Construction of Identity: An Interrelated History, Paul Friedl

    Part II: Protecting Whose Identity Rights?

    4. Disabled Identity and the Ability to Make Decisions, Janos Fiala-Butora

    5. LGBTI People, the Council of Europe and the European Court of Human Rights, Paul Johnson

    6. Marriage, Identity and the European Court of Human Rights, David Feldman

    7. What to do with the ‘Buried Giant’? – Collective Historical Memory and Identity in the Freedom of Expression Case Law of the European Court of Human Rights, Tom Lewis and Peter Cumper

    Part III: Limits of Identity Rights?

    8. A ‘Personal’ Right to a Decolonised University Curriculum? Patricia Tuitt

    9. Foucault on the limits of identity rights, Deirdre McGowan


    Jill Marshall is a full time Law Professor at Royal Holloway University of London. Her research deals with the role law plays in creating, allowing, representing and protecting certain aspects of our human identity and personal freedom with emphasis on the connections between law and humanity, care and belonging. Her work particularly focuses on women’s human rights, privacy, expression, and sexual violence in conflict and includes analysis of International law, global justice and human rights in their complexities of real life situations.