Category Archives: Human Rights

David Ramos Munoz, ‘Do Fundamental Rights Conflict with Private Law?’

Abstract The relationship of fundamental rights and private law is often filled with mistrust, which results in a framework where (1) the issue of horizontal effect acquires an oversized importance; (2) the relationship is described in terms of the conflict between fundamental rights and private rights; and (3) fundamental rights are seen as a constraint […]

‘Water rights VI: A human right to water’

“Alongside interest in public rights that trump the regular water rights of property law, there is much interest in private, human rights that do so. Many systems of water law have long recognized some right to basic water uses superior to other water rights. Islamic law’s ‘right of thirst’, the right to take water to […]

Bart van der Sloot, ‘Where is the Harm in a Privacy Violation? Calculating the Damages Afforded in Privacy Cases by the European Court of Human Rights’

Abstract It has always been difficult to pinpoint what harm follows a privacy violation. What harm is done by someone entering your home without permission, or by the state eavesdropping on a telephone conversation when no property is stolen or information disclosed to third parties? The question is becoming ever more difficult to answer now […]

Donal Nolan, ‘Nuisance and Human Rights’

Abstract The purpose of this chapter is to explore the different aspects of the relationship between the tort of private nuisance and the Human Rights Act 1998 (‘HRA’). The chapter is divided into three main parts. In the first part, I consider the ‘vertical effect’ of the HRA in environmental nuisance cases. In the second […]

Philippa Collins, ‘The Inadequate Protection of Human Rights in Unfair Dismissal Law’

Abstract Workers in the private sector have limited legal options if they believe that, by terminating the working relationship, the employer has infringed their human rights. In most cases, they must rely on an existing cause of action, notably the right not to be unfairly dismissed contained in the Employment Rights Act 1996. The provisions […]

Herring and Wall, ‘The Nature and Significance of the Right to Bodily Integrity’

Abstract This article seeks to explain and explore the concept of bodily integrity. The concept is often elided with autonomy in the case law and the academic literature. It argues that bodily integrity is non-reducible to the principle of autonomy. Bodily integrity relates to the integration of the self and the rest of the objective […]

Noah Vardi, ‘Unjust Enrichment in Recent So-Called “Human Rights Litigation”’

Abstract The use of law and of legal instruments as a means to try and offer reparation for historical wrongs and to pursue ‘historical justice’ is not an unknown phenomenon. This paper would like to focus on a specific case study, relating to the use of a typical institute of private law (unjust enrichment) in […]

Roy Gilbar and Charles Foster, ‘It’s arrived! Relational Autonomy Comes to Court: ABC v St George’s Healthcare NHS Trust [2017] EWCA 336′

Abstract This note concerns the first case to reach the English courts regarding the duty of clinicians to communicate genetic information to a patient’s relatives. In 2015, the High Court struck out a claim by a patient’s daughter against her father’s doctors, holding that they neither owed her a common law duty of care nor […]

Lisa Laplante, ‘Human Torts’

Abstract Human Torts is the first article to describe how ordinary municipal tort lawsuits in the United States provide essential remedies for human rights abuses. Despite the rising level of hate crimes, bullying, corporate malfeasance, and other private acts that result in great harm and can lead to civil litigation, American scholars have never explored […]

Jonathan Montgomery, ‘Patient No Longer? What Next in Healthcare Law?’

Abstract A series of Supreme Court decisions since 2013 have revisited the fundamental principles of healthcare and medical law established during the 1980s in which the Bolam test became pre-eminent. These decisions represent a watershed and suggest that a reorientation is underway, in which the law is reducing the significance of the status of patients […]