Giving birth but refusing motherhood: inauthentic choice or self-determining identity? / Marshall, Jill.

In: International Journal of Law in Context, Vol. 4, 2008, p. 169-185.

Research output: Contribution to journalArticlepeer-review

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Giving birth but refusing motherhood: inauthentic choice or self-determining identity? / Marshall, Jill.

In: International Journal of Law in Context, Vol. 4, 2008, p. 169-185.

Research output: Contribution to journalArticlepeer-review

Harvard

Marshall, J 2008, 'Giving birth but refusing motherhood: inauthentic choice or self-determining identity?', International Journal of Law in Context, vol. 4, pp. 169-185.

APA

Vancouver

Author

Marshall, Jill. / Giving birth but refusing motherhood: inauthentic choice or self-determining identity?. In: International Journal of Law in Context. 2008 ; Vol. 4. pp. 169-185.

BibTeX

@article{24f4da864100487181ac8aa0c9be2b9a,
title = "Giving birth but refusing motherhood: inauthentic choice or self-determining identity?",
abstract = "Issues of what personal autonomy and identity means are investigated in the context of the European Court of Human Rights{\textquoteright} development of Article 8{\textquoteright}s right to respect one{\textquoteright}s private life into a right to personal autonomy, identity and integrity with particular reference to French anonymous birthing as explored by that court in Odi{\`e}vre v France and feminist literature on mothering and autonomy. Although much critiqued by feminists, personal autonomy has been reconceptualised to mean something of worth to women. Yet, this version of autonomy can diverge into two directions in terms of individual identity as evidenced in Odi{\`e}vre and in feminist literature: self-determination or self-realisation/authenticity. Conclusions are reached that making autonomy dependent on claims to {\textquoteleft}authenticity{\textquoteright} restricts personal freedom and thus ultimately identity.",
keywords = "european human rights law, women's confidentiality, secret births",
author = "Jill Marshall",
year = "2008",
language = "English",
volume = "4",
pages = "169--185",
journal = "International Journal of Law in Context",

}

RIS

TY - JOUR

T1 - Giving birth but refusing motherhood: inauthentic choice or self-determining identity?

AU - Marshall, Jill

PY - 2008

Y1 - 2008

N2 - Issues of what personal autonomy and identity means are investigated in the context of the European Court of Human Rights’ development of Article 8’s right to respect one’s private life into a right to personal autonomy, identity and integrity with particular reference to French anonymous birthing as explored by that court in Odièvre v France and feminist literature on mothering and autonomy. Although much critiqued by feminists, personal autonomy has been reconceptualised to mean something of worth to women. Yet, this version of autonomy can diverge into two directions in terms of individual identity as evidenced in Odièvre and in feminist literature: self-determination or self-realisation/authenticity. Conclusions are reached that making autonomy dependent on claims to ‘authenticity’ restricts personal freedom and thus ultimately identity.

AB - Issues of what personal autonomy and identity means are investigated in the context of the European Court of Human Rights’ development of Article 8’s right to respect one’s private life into a right to personal autonomy, identity and integrity with particular reference to French anonymous birthing as explored by that court in Odièvre v France and feminist literature on mothering and autonomy. Although much critiqued by feminists, personal autonomy has been reconceptualised to mean something of worth to women. Yet, this version of autonomy can diverge into two directions in terms of individual identity as evidenced in Odièvre and in feminist literature: self-determination or self-realisation/authenticity. Conclusions are reached that making autonomy dependent on claims to ‘authenticity’ restricts personal freedom and thus ultimately identity.

KW - european human rights law

KW - women's confidentiality

KW - secret births

UR - https://www.cambridge.org/core/journals/international-journal-of-law-in-context/article/giving-birth-but-refusing-motherhood-inauthentic-choice-or-selfdetermining-identity/BFC11D53E8AD86DA02A52275826036D7

M3 - Article

VL - 4

SP - 169

EP - 185

JO - International Journal of Law in Context

JF - International Journal of Law in Context

ER -