Self respect—A “Rawlsian Primary Good” unprotected by the European Convention on Human Rights and its lack of a coherent approach to stigmatization?

Quinn, Paul; Hert, Paul De

doi:10.1177/1358229113509734

Cited by 6 publications

(8 citation statements)

References 33 publications

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“…Documentation of the social, psychological, and health‐related harms of stigmatization establishes an ethical basis for initiatives to achieve its elimination or reduction but also exposes the challenge of securing legal remedies [14]. The law of defamation addresses what are described as “injurious falsehoods,” whether in the written or enduring form of libel, or the spoken or transient form of slander.…”

Section: Effects Of Stigmatizationmentioning

confidence: 99%

Reducing stigma in reproductive health

Cook

Dickens

2014

Intl J Gynecology & Obste

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Stigmatization marks individuals for disgrace, shame, and even disgust-spoiling or tarnishing their social identities. It can be imposed accidentally by thoughtlessness or insensitivity; incidentally to another purpose; or deliberately to deter or punish conduct considered harmful to actors themselves, others, society, or moral values. Stigma has permeated attitudes toward recipients of sexual and reproductive health services, and at times to service providers. Resort to contraceptive products, to voluntary sterilization and abortion, and now to medically assisted reproductive care to overcome infertility has attracted stigma. Unmarried motherhood has a long history of shame, projected onto the "illegitimate" (bastard) child. The stigma of contracting sexually transmitted infections has been reinvigorated with HIV infection. Gynecologists and their professional associations, ethically committed to uphold human dignity and equality, especially for vulnerable women for whom they care, should be active to guard against, counteract, and relieve stigmatization of their patients and of related service providers.

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Section: Effects Of Stigmatizationmentioning

confidence: 99%

Reducing stigma in reproductive health

Cook

Dickens

2014

Intl J Gynecology & Obste

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“…The words ‘stigmatization’ and ‘discrimination’ are familiar to most people in most countries and societies (Quinn and De Hert, 2014). They are used in day-to-day language by the media, politicians and normal citizens.…”

Section: Discrimination and Stigmatization: Similar But Different Conmentioning

confidence: 99%

“…This means inter alia that many types of stigmatizing activity may be capable of engaging various ECHR provisions. This most noticeably includes the court’s case law on Article 8 – the right to a private and family life (Quinn and De Hert, 2014). This article has been interpreted extremely widely, offering protection against a wide range of actions that affect the ability of individuals to live their lives how they wish and with sufficient privacy.…”

Section: The Echr and Its Doctrine Of Non-discriminationmentioning

confidence: 99%

The problem of stigmatizing expressions

Quinn

2017

International Journal of Discrimination and the Law

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Acts of discrimination are stigmatizing. Preventing discrimination is therefore important in reducing the stigmatization of vulnerable minority groups. Anti-discrimination approaches are particularly useful in preventing certain acts of discrimination against certain categories of individuals. Some anti-discrimination approaches may however have difficulty in engaging stigmatizing expressions made against various groups. This may be particularly true where such approaches are focused on the existence of 'treatment', which, as the author discusses in this article, involved the imposition of binding changes on individuals. This includes expressions that may be stigmatizing and, while not imposing binding changes upon individuals, are in reality capable of inflicting psychological pressures, inducing potential effects that can be felt at the group and societal level. In making this point, his article compares the general anti-discrimination approach developed under Article 14 of the European Convention on Human Rights and the more specialized approach adopted by the European Union in a number of its anti-discrimination directives. As this article demonstrates, the latter type of approaches may offer more possibilities for engaging purely expressive activity that may be stigmatizing, but only in extremely limited contexts. The author of this article argues that this is largely because such approaches are less focused on the concept of 'treatment'.

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“… 6 P Quinn and P De Hert, “Self Respect—a “Rawlsian Primary Good” Unprotected by the European Convention on Human Rights and Its Lack of a Coherent Approach to Stigmatization?,” The International Law of Discrimination and the Law 14 ( 2014 ). The most important exception is the concept of the ‘government speech’ under developed by the US Supreme Court under the US constitution.…”

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confidence: 99%

Crisis Communication in Public Health Emergencies: The Limits of ‘Legal Control’ and the Risks for Harmful Outcomes in a Digital Age

Quinn

2018

Life Sci Soc Policy

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Communication by public authorities during a crisis situation is an essential and indispensable part of any response to a situation that may threaten both life and property. In the online connected world possibilities for such communication have grown further, in particular with the opportunity that social media presents. As a consequence, communication strategies have become a key plank of responses to crises ranging from epidemics to terrorism to natural disaster. Such strategies involve a range of innovative practices on social media. Whilst being able to bring about positive effects, they can also bring about a range of harmful unintended side effects. This include economic harms produced by incorrect information and a range of social harms that can be fuelled by myths and rumours, worsening negative phenomena such as stigmatisation and discrimination. Given the potential for such harms, one might expect that affected or potentially affected individuals would be able to challenge such measures before courts or administrative tribunals. As this paper demonstrates however this is not the case. More often than not seemingly applicable legal approaches are unlikely to be able to engage such methods. This is often because such measures represent activities that are purely expressive in nature and therefore not capable of imposing any binding legal or corporeal changes on individuals. Whilst some forms of soft law may pose requirements for public officials involved in such activities (e.g. codes of conduct or of professional ethics), they are not likely to offer potentially harmed individuals the chance to to challenge particular communication strategies before courts or legal tribunals. The result is that public authorities largely have a free reign to communicate how they wish and do not have to have to comply with a range of requirements (e.g. relating to form and substantive) content) that would in general apply to most forms of official administrative act.

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Self respect—A “Rawlsian Primary Good” unprotected by the European Convention on Human Rights and its lack of a coherent approach to stigmatization?

Abstract: This article is primarily concerned with stigmatization resulting from public information campaigns such as public health information campaigns.

Cited by 6 publications

References 33 publications

Reducing stigma in reproductive health

Reducing stigma in reproductive health

The problem of stigmatizing expressions

Crisis Communication in Public Health Emergencies: The Limits of ‘Legal Control’ and the Risks for Harmful Outcomes in a Digital Age

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