Category Archives: Human Rights

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 […]

Sarah Hamill, ‘Community, Property, and Human Rights: The Failure of Property-as-Respect’

Abstract The question of whether private property rights can be human rights is longstanding. In this article, I unpack Hanoch Dagan and Avihay Dorfman’s recent attempt to render private property rights as capable of being human rights. Their account of private property forms part of a larger project to re-read private law and argues that […]

Dagan and Dorfman, ‘Interpersonal Human Rights’

Abstract: Our increasingly globalized environment, typified by the significant role of transnational interactions, raises urgent concerns about the commission of grave transnational wrongs. Two main legal strategies – belonging, respectively, to public and private international law – offer important directions for addressing these urgent concerns. One strategy extends state obligations under human rights law to […]

Katalin Sulyok, ‘Managing Uncertain Causation in Toxic Exposure Cases: Lessons for the European Court of Human Rights from US Toxic Tort Litigation’

Abstract: Under Articles 2 (right to life) and Article 8 (right to private life) of the European Convention on Human Rights, the European Court of Human Rights (Strasbourg Court) decides cases involving personal health injuries allegedly caused by toxic exposures. Thus far no one has conducted a systematic inquiry on how the Strasbourg Court deals […]

José Alvarez, ‘The Human Right to Property’

Abstract: How does the human right of property relate to protecting human rights in the age of Trump? Human rights advocates faithful to Henkin’s vision need to combat the dangerous consensus between elements on the political left and right that international law (including arbitration bodies outside US courts) has no business protecting the right to […]

‘Strasbourg on excessive libel damages’

Independent Newspapers (Ireland) Ltd v Ireland ECtHR, 5th section, 15 June 2017. The Strasbourg Court has decided that an award of damages in an Irish libel case was disproportionate – but, as I shall explain – it has not told us what a proportionate award would have been. This odd position was reached in an […]

‘Compensation Following Fatal Stabbing: Human Rights And The CICA: “Double Recovery” Not Allowed’

“The decision of the Upper Tribunal in VG v CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil […]