Category Archives: Fundamental or Human Rights

‘Article 8 and the “outside world”: privacy, reputation and employment’

“The Article 8 right to respect for private life has many facets and has often seemed in danger of uncontrolled expansion. The Court of Human Rights has often noted that private life is ‘not susceptible to exhaustive definition’, embracing ‘multiple aspects of the person’s physical and social identity’. There are numerous statements in the cases […]

Alexander Boni-Saenz, ‘Age, Time, and Discrimination’

ABSTRACT Discrimination scholars have traditionally justified antidiscrimination laws by appealing to the value of equality. Egalitarian theories locate the moral wrong of discrimination in the unfavorable treatment one individual receives as compared to another. However, discrimination theory has neglected to engage seriously with the socio-legal category of age, which poses a challenge to this egalitarian […]

Máire Ní Shúilleabháin, ‘Surrogacy, System Shopping, and Article 8 of the European Convention on Human Rights’

Abstract Contracting States of the European Convention on Human Rights (ECHR) are bound to secure the rights guaranteed by the Convention. Article 8 ECHR, which guarantees the right to respect for private and family life, has been interpreted as importing extensive obligations to recognize parent–child relationships created through overseas surrogacy arrangements. These ECHR obligations (first […]

‘Greece Should not Have Applied Sharia Law in Will Contest’

“In a recent case in the European Court of Human Rights, the court found that Greece should not have allowed the two sisters a deceased Muslim man apply Sharia law to contesting the validity of their brothers will. In Molla Sali v Greece, a Grand Chamber judgment held that Greece had violated Article 14 of […]

Evan Fox-Decent, ‘Dagan and Dorfman’s Jus Gentium Privatum’

Abstract In their provocative essay, Interpersonal Human Rights, Dagan and Dorfman argue that when private parties from different national jurisdictions interact, their interaction is properly subject to a distinctive regime of private law they call jus gentium privatum. In this comment, I draw attention to two dimensions of the Dagan/Dorfman project. The first is internal, […]

‘Are English marriage laws compliant with the EHCR?’

“On 10 December 2018 responses were due to the government’s divorce reform proposals, Reducing family conflict: Reform of the legal requirements for divorce (September 2018). A reply to responses is due from the Government, says the Ministry of Justice, by 8 March 2019 …” (more) [David Burrows, UK Human Rights Blog, 17 December]

Michael Dafel, ‘The Constitutional Rebuilding of the South African Private Law: A Choice Between Judicial and Legislative Law-Making’

Abstract A tension arises whenever the South African private law fails to meet constitutional right norms. To remedy a deficiency, two law-making options are available. The first is for the judiciary to develop or change private law principles and rules in order to provide protection for the implicated constitutional norm. The second is for the […]

‘Case Law, Strasbourg: Magyar Jeti Zrt v Hungary: ECtHR rules on hyperlinking to defamatory content’

“On 4 December 2018, the European Court of Human Rights provided some helpful clarification on the potential liability for posting hyperlinks to defamatory content in the case of Magyar Jeti Zrt v Hungary. In doing so, the Court referred to the ever-growing corpus of European Union law concerning the concept of ‘communication to the public’ […]

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 […]

Kevin O’Sullivan, ‘Copyright and Internet Service Provider “Liability”: The Emerging Realpolitik of Intermediary Obligations’

Abstract Online service providers are increasingly the focus of renewed efforts to enforce copyright online in the European Union (EU). Traditionally, these providers benefitted from safe-harbour immunity to the extent that their role in assisting online enforcement was relatively minimal. In light of recent proposals for reform, and the spread of the ‘blocking injunction’ in […]