Category Archives: Human Rights

Nathan Miller, ‘Human Rights Abuses as Tort Harms: Losses in Translation’

Abstract: This Article examines the normative challenges posed by bringing international human rights claims in state courts under the common law of torts. It argues that the normative structure of the private law of torts cannot adequately address the very different concerns at stake when addressing public harms. Torts address issues that arise between two […]

Nathan Miller, ‘Human Rights Abuses as Tort Harms: Losses in Translation’

Abstract: This Article provides the first-ever examination of the normative challenges posed by bringing international human rights claims in state courts under the common law of torts. It argues that the normative structure of the private law of torts cannot adequately address the very different concerns at stake when addressing public harms. Torts address issues […]

van der Walt and Viljoen, ‘The Constitutional Mandate for Social Welfare – Systemic Differences and Links between Property, Land Rights and Housing Rights’

Abstract: Our purpose in this article is to argue that, as far as the constitutional promotion and protection of social welfare is concerned, there are significant theoretical and systemic differences between property, land rights and housing rights. Our argument is shaped by the fact that these three sets of rights are recognised and protected separately […]

Nathan Miller, ‘Human Rights Abuses as Tort Harms: Losses in Translation’

Abstract: This Article provides the first-ever examination of the normative challenges posed by bringing international human rights claims in state courts under the common law of torts. It argues that the normative structure of the private law of torts cannot adequately address the very different concerns at stake when addressing public harms. Torts address issues […]

‘Mere negligence may breach Art 2 in NHS hospital cases’

“In the Chamber Judgment (currently available only in French) in the case of Lopes de Sousa Fernandes v Portugal (App No 56080/13) decided just before Christmas, the European Court of Human Rights (ECtHR) held that there was both a substantive (by 5 votes to 2) and a procedural (unanimous) violation of Article 2 in the […]

‘Privacy as Immunity’

“Privacy and personal data protection have become hot topics in European political debate. This is discernible also in the case law of the European Court of Human Rights and the European Court of Justice. Occasionally it seems that the EU Court attempts even stronger protection of certain aspects of privacy, having for instance recognised the […]

Donald Smythe, ‘Liberty at the Borders of Private Law’

Abstract: Liberty is both dependent upon and limited by the State. The State protects individuals from the coercion of others, but paradoxically, it must exercise coercion itself in doing so. Unfortunately, the reliance on the State to deter coercion raises the possibility that the State’s powers of coercion might be abused. There is, not surprisingly, […]

Dagan and Dorfman, ‘The Human Right to Private Property’

Abstract: For private property to be legitimately recognized as a universal human right, its meaning should pass the test of self-imposability by an end. In this Essay we argue, negatively, that the prevailing (libertarian) understanding of private property cannot plausibly face this demanding standard and, affirmatively, develop a liberal conception which has a much better […]

Tanya Aplin, ‘Right to Property and Trade Secrets’

Abstract: Trade secrets are valuable assets that are often used in tandem with intellectual property rights such as patents, trade marks, designs and copyright. While Strasbourg has shown a willingness to find that trade marks, patents and copyright fall within Article 1 Protocol 1 of the ECHR and thus that their protection is a type […]

Merris Amos, ‘Damages for Violations of Human Rights Law in the United Kingdom’

Abstract: In the United Kingdom (UK) damages for the violation of human rights law are available through the unique standalone mechanism provided by the Human Rights Act 1998 (HRA). The HRA has been designed to replicate at the national level the treatment a claimant would receive before the European Court of Human Rights (ECtHR). Courts […]