Right to personal identity

The right to personal identity is recognised in international law through a range of declarations and conventions. From as early as birth, an individual’s identity is formed and preserved by registration or being bestowed with a name. However, personal identity becomes more complex as an individual develops a soul and conscience. But human rights exist to defend and protect individuality, as quoted by Professor Jill Marshall: "Human rights law exist to ensure that individual lifestyle choices are protected from majoritarian or populist infringement." Despite the complexity of personal identity, it is preserved and encouraged through privacy, personality rights and the right to self-expression.

The right to personal identity begins with the right to life. It is only through existing can individuals cultivate their identity. Nevertheless, since ancient Greek philosophy, humans have been recognised with a "soul", making them more than physical bone and flesh. The Universal Declaration of Human Rights was created to preserve the biological and philosophical elements of human beings since its establishment in 1948. Therefore, the notion of individual identity and personality has been encouraged and preserved from the birth of human rights. However, throughout the years there have been developments towards the protection of personal identity through avenues that manifest identity such as private life, expression rights, personality rights and the right to know your biological origin.

Article 8 of the European Court of Human Rights has been interpreted to include "personal identity" within the meaning of "private life." Article 8 protects against unwanted intrusion and provides for the respect of an individual's private space. Professor Marshall explains that this is important to be uninterrupted and to "think reflectively without interference is to be in control of one’s own faculties," as Macklem puts it: "independence of mind." This protection of inner privacy allows individuals to develop and cultivate their personal identity. "Private life" has also be interpreted to protect the development of relationships.The ECHR highlighted in the case of Bruggemann and Scheuten v Germany Yearbook the significance of relationships concerning the "emotional field" and "the development of one’s own personality."

With respect of privacy comes respect for personal autonomy, which Article 8 has also been interpreted to protect. The ECHR Online states that the scope of Article 8 is to "embrace personal autonomy" and the freedom to make choices without the interference of the state to develop one’s own personal life. As illustrated by the Stanford Encyclopaedia of Philosophy, through protecting a person’s autonomy, a person’s identity is also protected, as both are integral to each other.

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