Category Archives: Human Rights

Glasson and Graham, ‘Inheritance: a human right?’

Abstract Although the Convention for the Protection of Human Rights and Fundamental Freedoms has featured in only a small number of reported cases concerning inheritance disputes, the European Convention on Human Rights (ECHR) does have a role to play and, as we discuss, has led to some striking results. In this article, we consider the […]

Gladwin-Geoghegan and Foster, ‘Police liability in negligence: immunity or incremental liability?’

Introduction The so-called immunity of the police in negligence with respect to their conduct in investigating crime has caused much legal debate, not only in terms of its impact on the development of tortious principles via the concept of public policy, but also its impact on the human rights’ claims of the victims of such […]

Case Law, Strasbourg: ML and WW v Germany, Article 8 right to be forgotten and the media

“In the case of ML and WW v Germany ([2018] ECHR 554) (available only French), the Fifth Section of the Court of Human Rights dismissed an Article 8 ‘right to be forgotten’ application in respect of the historic publication by the media of information concerning a murder conviction. The Court emphasised the protection of media […]

Michael Tugendhat, ‘Privacy, judicial activism and democracy’

Introduction Judicial activism has become a central issue in the debate on whether the Human Rights Act 1998 (HRA) should be amended or replaced by a British Bill of Rights and Responsibilities (BBRR), and whether the UK should remain a party to the European Convention on Human Rights (ECHR). And it is the decisions of […]

Jamal Greene, ‘A Private Law Court in A Public Law System’

Abstract The US Supreme Court’s approach to human rights is a global outlier. In conceiving of rights adjudication in categorical terms rather than embracing proportionality analysis, the Court limits its ability to make the kinds of qualitative judgments about rights application required to adjudicate claims of disparate impact, social and economic rights, and horizontal effects, […]

Ekaterina Aristova, ‘Tort Litigation Against Transnational Corporations in the English Courts: The Challenge of Jurisdiction’

Abstract In recent decades, some jurisdictions have shown a growing trend of private claims alleging direct liability of parent companies for overseas human rights abuses (‘Tort Liability Claims’). These cases form part of an international effort aimed at establishing public control over the private operations of transnational corporations (‘TNCs’). Their success in addressing the challenges […]

Lesley-Anne Barnes Macfarlane, ‘Rethinking childhood contributory negligence: “blame”, “fault” – but what about children’s rights?’

Abstract Article 3 of the United Nations Convention on the Rights of the Child provides that the child’s ‘best interests … shall be a primary consideration’ in all actions concerning the child. The United Nations Committee on the Rights of the Child has indicated something of the magnitude of the concept of best interests, describing […]

‘Do Companies have a right to reputation under the European Convention on Human Rights, Part 1’

“In contrast to the frequent discussion of the European Court of Human Rights jurisprudence establishing that individual reputation falls within the scope of the Article 8 right to ‘private and family life’, the possibility that corporations could claim a Convention right to reputation – under either Art 8 or Article 1 of Protocol 1 (‘A1P1’), […]

José Alvarez, ‘The Human Right of Property’

Abstract International law has long sought to protect property rights both on their own terms and as a ‘human right’. This article surveys the reality of internationalized property rights protections, particularly as protected by 21 human rights treaties. It addresses how the US has contributed to the internationalization of the right, even while US courts, […]

Call for Papers: ‘Property Rights and Human Rights: New Possibilities in an Age of Inequality’: Monash University Law Chambers, Melbourne: 9-10 August 2018

“The debate on property rights and human rights has renewed relevance as a result of global inequality, mass movements of people, and modern forms of slavery. While the underlying issue remains tensions between the distributional consequences of property and property as a source of freedom from interference, the context has shifted from protection against arbitrary […]