Category Archives: Human Rights

Francois du Bois, ‘Human Rights and English Contract Law: Parallel Worlds?’

Abstract: This paper examines the influence of fundamental rights on English contract law since the enactment of the Human Rights Act 1998. Its aims are two-fold – to provide a first comprehensive analysis of this phenomenon in English law and to tease out the factors which have shaped its contours. The paper accordingly explores each […]

‘Fatal accidents and statutory categories of claimants’

“The right to claim damages for loss of financial dependency and for statutory bereavement damages are set out separately in the Fatal Accidents Act 1976. Only those who fall within the categories listed in the Act are eligible. The courts have consistently refused to widen these statutory categories, most recently in Smith v Lancashire Teaching […]

Chidi Oguamanam, ‘Intellectual Property: The Promise and Risk of Human Rights’

Abstract: The intersection of intellectual property and human rights is a relatively new site in the search for balance in intellectual property law and policy. Although this intersection opens up intellectual property to a unique kind of interdisciplinary analysis, only the human rights system appears to have seized the opportunity, while its intellectual property rights […]

Recently published: Jason Varuhas, Damages and Human Rights

“Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and […]

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 […]