Human Rights Medical Law

Caring Autonomy: European Human Rights Law and the Challenge of Individualism

By Katri Lohmus
Cambridge University Press April 2015

Specifications

ISBN-13
9781107081772
Publisher
Cambridge University Press
Publication
April 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Despite its absence in the written text of the European Convention on Human Rights, the European Court of Human Rights now regularly uses the concept of autonomy when deciding cases concerning assisted dying, sexuality and reproductive rights, self-determination, fulfilment of choices and control over body and mind. But is the concept of autonomy as expressed in the ECtHR reasoning an appropriate tool for regulating reproduction or medical practice?

Caring Autonomy reveals and evaluates the type of individual the ECtHR expresses and shapes through its autonomy-based case law. It claims that from a social and ethical perspective, the current individualistic interpretation of the concept of autonomy is inadequate, and proposes a new reading of the concept that is rooted in the acknowledgment and appreciation of human interdependence and the importance of interpersonal trust and care.

Table of Contents

Introduction
1. Choosing autonomy
2. What informs the ECtHR? The origins of the concept of individual autonomy
3. Expressions of individual autonomy
4. Autonomy, individualisation and the emergence of the problem of trust
5. Autonomy, law and trust
6. Caring autonomy
Conclusion.
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