Category Archives: Fundamental or Human Rights

Malgieri and Niklas, ‘Vulnerable Data Subjects’

ABSTRACT The discussion about vulnerable individuals and communities spread from research ethics, to consumer law and human rights. According to many theoreticians and practitioners, the framework of vulnerability allows formulating an alternative language to articulate problems of inequality, power imbalances and social injustice. Building on this conceptualisation, we try to understand the role and potentiality […]

Oskar Josef Gstrein, ‘Right to be Forgotten: EU-ropean Data Imperialism, National Privilege, or Universal Human Right?’

ABSTRACT The Digital Age has fundamentally reshaped the preconditions for privacy and freedom of expression. This transpires in the debate about a ‘right to be forgotten’. While the 2014 decision of the European Court of Justice in Google Spain touches upon the underlying issue of how increasing amounts of personal data affects individuals over time, […]

Mallory, Molloy and Murray, ‘Tort, Truth Recovery and the Northern Ireland Conflict’

ABSTRACT Northern Ireland has no effective process to address legacy of the human tragedy of decades of conflict. And yet during that conflict, and especially in the years since the Belfast/Good Friday Agreement 1998, people have employed multiple legal mechanisms to gain information about events which affected them and their loved ones. Human rights challenges, […]

Raičević and Radivojević, ‘State Liability for Non-Pecuniary Damages in the Jurisprudence of the European Court of Human Rights’

ABSTRACT Non-pecuniary damages are a form of just satisfaction that the ECtHR may award if a violation of protected rights is found. These damages can be claimed by individuals, groups of persons, non-governmental organizations and states, whereby the awarded amount must be distributed to individual victims. However, for the Court to award compensation for non-pecuniary […]

John Sherman, ‘The Contractual Balance Between “Can I?” and “Should I?” Mapping the ABA’s Model Supply Chain Contract Clauses to the UN Guiding Principles on Business and Human Rights’

ABSTRACT This paper examines the efforts of the American Bar Association to draft proposed Model Contract Clauses for businesses that prohibit modern slavery and child labor in supply chain contracts. This involves a careful balancing of a buyer’s desire to avoid consuming goods manufactured with human rights abuse and its desire to protect itself legally, […]

‘Strasbourg’s subtle approach of online media platforms’ liability for user-generated content since the “Delfi Oracle”’

“On 18 June 2015, Strasbourg Observers published my blog post ‘Delfi AS v. Estonia: Grand Chamber confirms liability of online news portal for offensive comments posted by its readers’. The post appeared on Inforrm the following day. It situated and commented the Grand Chamber judgment of 16 June 2015 in the first case before the […]

Stergios Aidinlis, ‘The Right to Be Forgotten as a Fundamental Right in the UK After Brexit’

ABSTRACT Will Brexit diminish digital rights protection in the UK or are domestic institutions better-placed to deliver such protection unencumbered by the oversight of EU institutions? This article scrutinises the validity of conflicting arguments about the future of human rights protection in the UK by reference to a paradigmatically ‘European’ digital right, the right to […]

Malcolm Rogge, ‘Vesting the Corporate Responsibility to Respect Human Rights: Natural Persons v Legal Persons’

ABSTRACT The United Nations Guiding Principles on Business and Human Rights state that respecting human rights is a corporate responsibility. Rather than asking what it means for a corporation ‘to respect’ human rights, the author examines the term ‘corporate responsibility’ and considers its ethical significance for the corporate decision maker and human rights victim alike. […]

‘Proposed amendments to the Human Rights Act to disadvantage UK war crimes victims’

“On 18 March 2020, the UK Minister for Defence introduced into the UK Parliament his promised package of new legislation designed to ‘protect veterans’. Entitled the Overseas Operations (Service Personnel and Veterans) Bill, the proposed laws would amend the UK’s Human Rights Act 1998 (HRA) in ways that impact on its human rights obligations, including […]

Vladislava Stoyanova, ‘Fault, knowledge and risk within the framework of positive obligations under the European Convention on Human Rights’

ABSTRACT The European Court of Human Rights has consistently reiterated that positive obligations under the European Convention on Human Rights arise when state authorities know or ought to have known about the risk of harm. This article attempts to describe and assess the role of state knowledge in the framework of positive obligations, and to […]