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The ECtHR’s Development Of Respect For Private Life Into A Real Right To Personal Autonomy

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Chapter Summary

This chapter shows how the ECtHR has developed the right to respect one's private life into a &t;real right to personal autonomy&t; in the reconceived interpersonal sense. It seeks to set out the case law in a chronological way. The right to personal autonomy now developed in Article 8 (of ECHR) jurisprudence can be conceived of as a quality that develops and flourishes because of the interdependency of persons and encouragement of supportive others, and is deeply contextual. The way the ECtHRs jurisprudence has developed stresses the importance of other people to ones personal autonomy formation but is more disappointing when it comes to other animals and ones environment. The ECtHR also seems to find it difficult to consider how alternative ways of living in community can be covered.

Keywords: alternative ways of living; ECtHR; personal autonomy; private life; real right



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