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. Stigmatization as a concept has received much attention from social scientists but conversely little from the legal world, including the European Court of Human Rights. Stigmatization can be distinguished from other similar concepts, e.g. discrimination, stereotyping and marginalization, by its ability to induce a sense of “self-loathing.” The court’s limited discourse thus far raises questions as to whether it recognizes stigmatization as being capable of engaging human rights principles where no other engaging factors are present. Even if the court is willing to find engagement in such cases, it is likely that in most instances the court would find any incidental stigmatization justified given the potential benefits available. The lack of judicial engagement with such cases thus far may reflect the possibility that stigmatization occurring through expressive acts of public officials is located within a “nexus of non-justiciability” whereby the European Convention on Human Rights is generally not applicable.