The right to) personal autonomy in the case law of the European Court of Human Rights (nota opgesteld ten behoeve van de Staatscommissie Grondwet)
Year: 2010
Type: article
Abstract: This study aims to provide an overview of how the principle of personal autonomy has taken shape in the jurisprudence of the European Court of Human Rights (ECtHR). As the separate sections of this study will show, the principle or right in fact can be said to exist of several elements, like gender\nidentity and personal development. For each of these elements it is interesting to assess how the principle has developed. Overall, the question should be asked whether on the basis of the jurisprudence of the ECtHR a real right to personal autonomy exists. Or is personal autonomy, like human dignity is considered to be, a value underlying all fundamental rights? How does personal autonomy relate to human dignity? Further, if personal autonomy is a truly enforceable right; what does that mean; how can it be defined? Under what circumstances can it be restricted?
Author: Nelleke Koffeman
Language: Dutch
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W1598848917