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Sexual Identity

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Chapter Summary

Case law in the areas of sexual identity illustrates the Courts development of Article 8s right to respect ones private life into a right to personal identity. In this area, the ECtHRs jurisprudence evidences a wide interpretation and a developing jurisprudence in keeping with ideas of an individual being entitled to live a life of their own choosing, in keeping with their own sense of their identity in a self-determining sense. The context for much of the courts jurisprudence on this issue is firstly in case law brought by homosexual men claiming bans on their sexual behaviour manifested in criminal sanctions in national laws were contrary to Article 8. The second context is the jurisprudence of the Court on claims made by transsexual persons unable to live in conformity to their new sex in some way because of national laws restrictions or hindrances.

Keywords: ECtHR; homosexuality; personal identity; sexual identity; transsexualism



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