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Jill Marshall

Bio: Jill Marshall is an academic researcher from Queen Mary University of London. The author has contributed to research in topics: Human rights & International human rights law. The author has an hindex of 9, co-authored 22 publications receiving 240 citations. Previous affiliations of Jill Marshall include University of Leicester & Royal Holloway, University of London.

Papers
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Book
29 Oct 2008
TL;DR: In this paper, the authors analyse the European Court of Human Rights and philosophical debates on personal autonomy, identity and integrity, and offer a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.
Abstract: By analysing the European Court of Human Rights’ jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.

43 citations

Journal ArticleDOI
TL;DR: The authors investigates women's choices and personal freedom by reference to the European Court of Human Rights' jurisprudence on national laws banning the wearing of the Islamic headscarf by adult women.
Abstract: This article investigates women's choices and personal freedom by reference to the European Court of Human Rights' jurisprudence on national laws banning the wearing of the Islamic headscarf by adult women. The article focuses on how ECHR law is used and misused to shape women's autonomy rights, with specific emphasis on how women's rights to develop and express their own individual identities are impacted under this legal regime. The reasoning of the case law is criticized: no evidence was produced that the wearing of the headscarf was anything other than the women's choice; furthermore, preventing them from wearing it restricts their autonomy in a way inconsistent with other jurisprudence of the same court.

32 citations

Journal ArticleDOI
TL;DR: The judgment in Hirst is also welcome because it downgrades the role of public opinion which has been a major influence on penal policy in the UK as mentioned in this paper, but the Court rightly concluded that these should be given a low weighting where rights issues are concerned, and the UK Government's claim that finding the ban disproportionate would be offensive to the majority met with short shrift from the Court.
Abstract: The judgment in Hirst is also welcome because it downgrades the role of public opinion which has been a major influence on penal policy in the UK. The perception of the importance of public opinion, and the fear of alienating the public have been key factors in increasing the populist punitiveness of successive Governments, but the Court rightly concluded that these should be given a low weighting where rights issues are concerned.56 The UK Government's claim that finding the ban disproportionate would be offensive to the majority met with short shrift from the Court. As Judge Caflisch noted, even if this were to offend the public, 'decisions taken by the court are not made to please.. . members of public but to uphold human rights principles'.57 However, the court in Hirst could have given more guidance on appropriate measures to restore prisoner enfranchisement. By giving some leeway to states to devise appropriate systems ofdisqualifications, the decision in Hirst means that we still could end up with a hierarchy of voting qualifications. As noted earlier, the Government is considering whether to restore voting rights to selected categories of prisoners. It is not yet clear how they might be selected but given the Government's emphasis on the punitive role of the measure it is likely that they would reserve a bar on voting for those convicted of more serious offences, but again this would be open to the objections discussed above and would not meet the requirements for a risk-based rationale.

25 citations

Journal ArticleDOI
TL;DR: In this paper, the authors examined the jurisprudence of the European Court of Human Rights to show how that court has balanced rights and interests in deciding relevant cases on this issue.
Abstract: Whilst many claim there is a human right to a clean environment, the jurisprudence of the European Court of Human Rights is examined to show how that court has balanced rights and interests in deciding relevant cases on this issue. Recent jurisprudential and academic debates on balancing are examined in this context before an analysis of some English decisions in this area to show that the existence of a human right to a clean environment may indeed be a phantom.

17 citations

Journal ArticleDOI
TL;DR: The case law of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants as mentioned in this paper, and the way that provision is interpreted is critically contrasted here with the right to personal autonomy, identity and identity now developed by that court in interpreting Article 8 which contains a right to respect one's private life.
Abstract: Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted here with the right to personal autonomy and identity now developed by that court in interpreting Article 8 which contains a right to respect one’s private life.

16 citations


Cited by
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01 Jan 1982
Abstract: Introduction 1. Woman's Place in Man's Life Cycle 2. Images of Relationship 3. Concepts of Self and Morality 4. Crisis and Transition 5. Women's Rights and Women's Judgment 6. Visions of Maturity References Index of Study Participants General Index

7,539 citations

Journal ArticleDOI
TL;DR: It is impossible that the rulers now on earth should make any benefit, or derive any the least shadow of authority from that, which is held to be the fountain of all power, Adam's private dominion and paternal jurisdiction.
Abstract: All these premises having, as I think, been clearly made out, it is impossible that the rulers now on earth should make any benefit, or derive any the least shadow of authority from that, which is held to be the fountain of all power, Adam's private dominion and paternal jurisdiction; so that he that will not give just occasion to think that all government in the world is the product only of force and violence, and that men live together by no other rules but that of beasts, where the strongest carries it, and so lay a foundation for perpetual disorder and mischief, tumult, sedition and rebellion, (things that the followers of that hypothesis so loudly cry out against) must of necessity find out another rise of government, another original of political power, and another way of designing and knowing the persons that have it, than what Sir Robert Filmer hath taught us.

3,076 citations

Book ChapterDOI
01 Jan 2015
TL;DR: The authors argue that feelings of self-worth, self-respect, and self-esteem are possible only if we are positively recognized for who we are, and that recognition is an integral component of a satisfactory modern theory of justice, as well as the means by which both historical and contemporary political struggles can be understood and justified.
Abstract: In recent decades, struggles for recognition have increasingly dominated the political landscape.1 Recognition theorists such as Charles Taylor (1994) and Axel Honneth (1995) seek to interpret and justify these struggles through the idea that our identity is shaped, at least partly, by our relations with other people. Because our identity is shaped in this way, it is alleged that feelings of self-worth, self-respect and self-esteem are possible only if we are positively recognised for who we are. Consequently, for many political theorists, recognition is an integral component of a satisfactory modern theory of justice, as well as the means by which both historical and contemporary political struggles can be understood and justified.

1,148 citations

01 Jan 1992
TL;DR: The body politics of Julia Kristeva and the Body Politics of JuliaKristeva as discussed by the authors are discussed in detail in Section 5.1.1 and Section 6.2.1.
Abstract: Preface (1999) Preface (1990) 1. Subjects of Sex/Gender/Desire I. 'Women' as the Subject of Feminism II. The Compulsory Order of Sex/Gender/Desire III. Gender: The Circular Ruins of Contemporary Debate IV. Theorizing the Binary, the Unitary and Beyond V. Identity, Sex and the Metaphysics of Substance VI. Language, Power and the Strategies of Displacement 2. Prohibition, Psychoanalysis, and the Production of the Heterosexual Matrix I. Structuralism's Critical Exchange II. Lacan, Riviere, and the Strategies of Masquerade III. Freud and the Melancholia of Gender IV. Gender Complexity and the Limits of Identification V. Reformulating Prohibition as Power 3. Subversive Bodily Acts I. The Body Politics of Julia Kristeva II. Foucault, Herculine, and the Politics of Sexual Discontinuity III. Monique Wittig - Bodily Disintegration and Fictive Sex IV. Bodily Inscriptions, Performative Subversions Conclusion - From Parody to Politics

1,125 citations

Journal ArticleDOI
TL;DR: Nussbaum and Nussbaum as mentioned in this paper discuss women and human development in the context of women's empowerment and women's reproductive health. New York: Cambridge University Press, 2000, 303 pp.
Abstract: Women and Human Development. Martha C. Nussbaum. New York: Cambridge University Press, 2000, 303 pp.

752 citations