000			01770nam a2200181Ia 4500
008			181130s2018 xx 000 0 und d
100			_aTamimi, Yussef Al
245			_aHuman rights and the excess of identity: _ba legal and theoretical inquiry into the notion of identity in Strasbourg case law
260			_c2018
300			_ap.283-298.
504			_dJun
520			_aIdentity is a central theme in contemporary politics, but legal academia lacks a rigorous analysis of this concept. The aim of this article is twofold: (i) firstly, it aims to reveal presumptions on identity in human rights law by mapping how the European Court of Human Rights approaches identity and (ii) secondly, it seeks to analyse these presumptions using theoretical insights on identity. By merging legal and theoretical analysis, this article contributes a reading of the Court�s case law which suggests that the tension between the political and apolitical is visible as a common thread in the Court�s use of identity. In case law concerning paternity, the Court appears to hold a specific view of what is presented as an unquestionable part of identity. This ostensibly pre-political notion of identity becomes untenable in cases where the nature of an identity feature, such as the headscarf, is contended or a minority has adopted a national identity that conflicts with the majoritarian national identity. The Court�s approach to identity in such cases reflects a paradox that is inherent to identity; identity is personal while simultaneously constituted and shaped by overarching power mechanisms. - Reproduced.
650			_aHuman rights
650			_aHuman rights law
650			_aNational identity
773			_aSocial and Legal Studies
906			_aHuman rights
999			_c506519 _d506519