The concept of the inner self in European human rights Law
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Date
2026-06-18
Authors
Benziger, Felicitas
Journal Title
Journal ISSN
Volume Title
Publisher
Brill Academic Publishers
Published Version
Abstract
This article seeks to uncover and then analyse the concept of the ‘inner self’ as it finds expression in European Human Rights law (EHRL) using personality rights as a case study. It submits that although the inner self is not a term traditionally used in the field, it underlies the idea of human rights law. Briefly, the inner self is defined as the entirety of a person’s internal processes – thoughts, emotions and identity – unmanifested to others. The article situates the inner self within existing legal categories like the forum internum. By analysing rights such as freedom of thought (Art. 9) and respect for private and family life (Art. 8) under the European Convention on Human Rights (ECHR), the article evaluates both the strengths and limitations of current protections, particularly in addressing emerging technological threats to cognitive freedom and mental privacy.
Description
Keywords
European Convention on Human rights , Human rights law theory , inner self , Personality rights , [Law]
Citation
Benziger, F 2026, 'The concept of the inner self in European human rights Law', European Journal of Comparative Law and Governance, pp. 1-36. https://doi.org/10.1163/22134514-bja10116