By Katri Lõhmus
Regardless of its absence within the written textual content of the ecu conference on Human Rights, the eu court docket of Human Rights now usually makes use of the idea that of autonomy while figuring out instances relating assisted death, sexuality and reproductive rights, self-determination, fulfilment of decisions and regulate over physique and brain. yet is the idea that of autonomy as expressed within the ECtHR reasoning a suitable software for regulating replica or clinical perform? being concerned Autonomy finds and evaluates the kind of person the ECtHR expresses and shapes via its autonomy-based case legislations. It claims that from a social and moral point of view, the present individualistic interpretation of the concept that of autonomy is insufficient, and proposes a brand new examining of the idea that is rooted within the acknowledgment and appreciation of human interdependence and the significance of interpersonal belief and care.
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Additional info for Caring Autonomy: European Human Rights Law and the Challenge of Individualism
This brings me to another aspect of autonomy revealed by the case: A relationship with a parent can work both ways – it can equally harm or encourage a child’s autonomy. Not only are human relations necessary for autonomy to flourish, but also for the positive development of one’s autonomy, these relations must be of a certain quality: not all relations benefit autonomy. 41 This suggests that, for autonomy to flourish the parties to the relationship have, depending on the context, corresponding duties and commitments to fulfil.
1234/05), Judgment of 15 January 2009. 27138/04), Judgment of 27 April 2010. 497/09), Judgment of 19 July 2012; Case of P. and S. 4241/12), Judgment of 20 May 2014. pdf K. M¨oller, ‘Two Conceptions of Positive Liberty: Towards an Autonomy-Based Theory of Constitutional Rights’, (2009) 29(4) Oxford Journal of Legal Studies 757–86. See also K. M¨oller, The Global Model of Constitutional Rights (Oxford University Press, 2012). B. Schneewind, The Invention of Autonomy: A History of Modern Moral Philosophy (Cambridge University Press, 1998); G.
Did the welfare authorities afford due regard to the child’s relationship to her mother? Were any real efforts made to unite Ms Johansen with her daughter? If yes, what were they? Despite these shortcomings, I believe that Johansen manages to reveal a glimpse of a concept of autonomy that pays respect to each individual in his or her own right yet is sensitive towards the social conditions that shape and influence the formation of the individual and his or her capacity to exercise autonomy. The case reveals that important aspects of the human condition are relationships, trust, responsibilities, and care.