… The paper begins, in Section II, by elucidating the causal requirements and the function of causation within each area of law. It is beyond the scope of this paper to address all of the ECHR rights, so the focus is on Articles 2 and 3, and, in the final section Article 8, which have useful parallels with negligence law. Section III then contemplates in greater depth the relationship between the nature of the rights being protected and the approaches adopted towards causation. It does this by comparing developments in causation in a jurisdiction that does not maintain the same separation between negligence and human rights law, South Africa …
Gemma Turton, Causation and Risk in Negligence and Human Rights Law, Cambridge Law Journal. DOI: https://doi.org/10.1017/S0008197319000898. Published online by Cambridge University Press: 17 February 2020.