Category Archives: Fundamental or Human Rights

‘Re-codification of the Civil Law of Ukraine’, special number of Global Journal of Comparative Law

Re-codification of the Civil Law of Ukraine: On the Way to European Integration (Vasyl Tatsiy) The Civil Code of Ukraine – A Reliable Regulator of Civil Relations in Civil Society (Nataliia S Kuznietsova, Oleksandr V Petryshyn and Denys S Pylypenko) Codification of Civil Legislation: At the Turn of the Era (Anatolii S Dovgert, Viktor Ya […]

‘Using Terms and Conditions to apply Fundamental Rights to Content Moderation’

“As the European Court of Human Rights (ECtHR) has emphasised, online platforms, such as Facebook, Twitter and YouTube, provide an ‘unprecedented’ means for exercising freedom of expression online. International human rights bodies have recognised the ‘enormous power’ platforms wield over participation in the online ‘democratic space’. However, it is increasingly clear that the systems operated […]

Robert Bird, ‘Contractual Deterrence and the Ethical Supply Chain’

ABSTRACT A harmful byproduct of the global economy is the proliferation of abuses in global supply chains. Too often lead firms and suppliers do not effectively collaborate. Lead firms require human rights and sustainability standards while also demanding extremely low cost goods and fast production deadlines. Suppliers faced with the impossible choice of financial survival […]

‘University risks liability by not requiring on-campus COVID-19 vaccination proof: McGill law profs’

“As law schools in Quebec reopen for in-person classes without requiring students and staff to show they are vaccinated against COVID-19, 35 McGill University law faculty are warning that the situation not only exposes people on campus to ‘serious health consequences’ from the deadly virus, it could also fail to meet an ’emerging standard of […]

Davey and Mead, ‘Whose Right Is It Anyway? The Duties Owed to a Deceased and to Surviving Family Members When Dealing with a Corpse: Brennan v City of Bradford Metropolitan District Council and Leeds Teaching Hospitals NHS Trust [2021] 1 WLUK 429′

ABSTRACT This commentary considers the case of Brennan, in which surviving family members successfully brought a Human Rights Act 1998 (HRA) claim against a hospital and a council for the way in which they both treated a body post-mortem. Their failure to freeze it led to such a state of decomposition that it was unfit […]

Jane Bambauer, ‘Privacy Tradeoffs: Who Should Make Them, and How?’

ABSTRACT … This essay provides an intervention of a purely descriptive sort. First, I lay out several candidates for ethical guidelines that might legitimately undergird privacy law and policy. Only one of the ethical models (the natural right to sanctuary) can track the full scope and implications of fundamental rights-based privacy laws like the GDPR. […]

Dara Hallinan, ‘The Essence of the Right to the Protection of Personal Data: Essence as a Normative Pivot’

ABSTRACT The concept of the essence of the Article 8 right to the protection of personal data has garnered much attention over the past few years. Yet, there remains a considerable lack of clarity in relation to the concept in current law and jurisprudence. There is a lack of clarity, for example, in relation to […]

Scott Skinner-Thompson, ‘Agonistic Privacy and Equitable Democracy’

ABSTRACT Privacy is paramount to ensuring that the public sphere is an equitable, heterogeneous environment where ideas can be contested, democracy realized, and society enhanced. As it stands, both the physical public square and the digital public sphere are characterized by unequal access, harassment, surveillance, and violence. The harms originating in each context rebound and […]

Carlos Arroyo-Abad, ‘Teleworking: A New Reality Conditioned by the Right to Privacy’

ABSTRACT Faced with protecting the right to privacy and, with it, the inviolability of homes, the development of new technologies and the possibility of developing work from home has opened the door to a series of new conflicts that require us to provide a specific legal framework by which such situations can be addressed. In […]

Nick Friedman, ‘Corporate Liability Design for Human Rights Abuses: Individual and Entity Liability for Due Diligence’

ABSTRACT In this article, I critically review the economic theory of corporate liability design, focusing on the allocation of liability between a corporation and its individual human agents. I apply this theory to transnational commercial contexts where human rights abuses occur and assess the likely efficacy of some putative liability regimes, including regimes requiring corporations […]