human rights;
European Court of Human Rights;
childhood;
personal development;
narrative;
the self;
D O I:
10.1111/1468-2230.12341
中图分类号:
D9 [法律];
DF [法律];
学科分类号:
0301 ;
摘要:
This article examines the category of the child' in European human rights law, based on an analysis of the child-related jurisprudence of the European Court of Human Rights. It argues that a full account of legal selfhood is constructed through the notion of the child' in this jurisprudence. The two notions - of the child' and the self' - are, from the outset, mutually dependent. The conceptualisation of the child' in human rights law is underpinned by an account of the self as originating in another and childhood is cast as enabling self-understanding by making possible the formation of a narrative about the self. The vision of the self' that emerges is one of the narrative self', and I assess the implications of this both for the idea of childhood in which this narrative originates and for the vision of the human condition that is expressed in European human rights law more broadly.
机构:
Ludwig Boltzmann Inst Human Rights, Childrens Rights Womens Rights & Anti Trafficking, Vienna, AustriaLudwig Boltzmann Inst Human Rights, Childrens Rights Womens Rights & Anti Trafficking, Vienna, Austria
机构:
Univ London London Sch Econ & Polit Sci, Dept Law, London WC2A 2AE, EnglandUniv London London Sch Econ & Polit Sci, Dept Law, London WC2A 2AE, England