Human rights law and personal identity / Jill Marshall.
2014
K3240 .M368 2014 (Map It)
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Details
Title
Human rights law and personal identity / Jill Marshall.
Published
Abingdon, Oxon ; New York, NY : Routledge, 2014.
Call Number
K3240 .M368 2014
ISBN
9780415529723 (hardback)
0415529727 (hardback)
9780203703489 (ebk)
0415529727 (hardback)
9780203703489 (ebk)
Description
xii, 271 pages ; 24 cm.
System Control No.
(OCoLC)792875667
Summary
"This book explores how human rights law impacts the formation of personal identity. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights. The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in distinguishing the human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom of self-determination. In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, and gender studies"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 246-250) and index.
Record Appears in
Table of Contents
Table of selected cases
x
Acknowledgements
xiii
Introduction
1
A certain type of person in the twentieth and twenty-first centuries
1
Life and death
4
Legal personal identity
7
Being and belonging
10
The development and purpose of human rights law
13
A sign for the gift of selfhood
15
Building us
19
pt. I
Whose identity and what rights?
23
1.
The identity of the person in human rights law
25
Legacies of the past
25
Human dignity and identity
28
A right to personal identity in law
33
Respect for one's private life becomes identity rights
36
Personality rights
42
Identity and publicity rights
44
Core and attributes
51
Conclusion
53
2.
The universal and equal quality of our individual identities?
55
Universal humanity and equality
55
Equality rules
56
Bureaucracy rules
58
Our regional 'differences'
61
A right to be who we are in a democratic and pluralist society
65
What equality?
66
One size fits all?
67
The creation of choices in a social context
70
The self-possessed, egoistic, neurotic, bounded individual?
71
Reconstructions of rights, recognition and the making of identity
77
Conclusion
83
pt. II
Protecting our fixed core identity?
85
3.
Souls, sex and brains
89
The soul and remembering from the inside
89
The soul and identity
91
The rational soul: past, present and future
94
Souls and sex
97
Sexual practices
99
Gender identity
103
Privacy and openness in our identities
105
The expression of what?
107
The morality of others
109
The brain and our DNA
111
Identity and brain damage
114
Conclusion
116
4.
Biology and blood
118
Genes and identity
118
The family, identity and human rights law
120
The same flesh and blood
125
Blood and identity: who cares?
132
Adoption and concealed births in the UK
134
'Baby boxes' and personal identity issues
137
Belonging
139
Conclusion
141
5.
Culture, ethnicity and religion: permitted expressions of identity?
142
Self-esteem
142
What identities?
145
Indigenous peoples' identity rights
153
Exclusion through identity politics
156
Power and the minority within the minority
158
Autonomy and identity
162
Education, culture and identity
168
Religion, conscience and identity
173
Why freedom of conscience is important
176
Conclusion
180
pt. III
Empowering and enabling our identities to exist
183
6.
What free expression of identity?
187
Introduction
187
Disrespect and identity rights
188
Manifestations and expressions of identity
190
Body projects
193
Expressions of identity in the workplace
194
Schools
199
What's all the fuss about Islamic headscarves?
202
Public spaces and religious dress: full face veils
206
Conclusion
215
7.
Safety, love and care in creating identity
216
Self-determining human dignity
216
Safe and secure existence
218
Love and care from birth
223
A child's developing identity
226
Justice and loving care
230
Love and friendship throughout life
233
Conclusion
236
Conclusion: socially formed and self-determining identity
237
Human rights and the social formation of identity
237
Empowerment, agency and identity
238
Exercising caution with identity rights
241
Identity and wellbeing
242
Selected bibliography
246
Index
251