scholarly journals Tort Law and Human Rights

2021 ◽  
pp. 209-233
Author(s):  
Gerhard Wagner
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Tort Law ◽  
Legal Framework ◽  
Economic Incentives ◽  
Private International Law ◽  
Tort Liability ◽  
Global Demand ◽  
The Uk ◽  
The Relationship

AbstractThe article explores the relationship between tort law and human rights. It explains the potential inherent in holding corporations liable in tort for human rights violations along the supply chain, such as the 2013 Rana Plaza collapse in Bangladesh. On a theoretical level, it devises a legal framework of tort liability that is optimal from the standpoint of social welfare. Such an optimal liability system would make manufacturers internalise the full cost of production, including harm caused to workers, third parties and the environment. In contrast, the present global liability situation is characterised by legal fragmentation and enforcement deficits. These factors provide the explanation for the large-scale externalisation of production risks we witness today, leading to an inflated global demand. In principle, tort law is well suited to offer a remedy, as the interests protected by human rights and national tort law broadly overlap. Furthermore, the duty of care which is the core requirement for shifting losses to others via tort law is a flexible concept that may even be stretched to accommodate cross-border human rights policies. The new French “devoir de vigilance,” or human rights due diligence, as well the UK Supreme Court’s recent jurisprudence, aim to tap this potential. On the other hand, the article raises doubt in relation to the adverse economic incentives and market shifts if such duties are imposed selectively, i.e. only in some jurisdictions, but not in others. After all, private international law often stands in the way of a global application of national tort law. Finally, alternative mechanisms of enforcement are assessed and examined with a view to their comparative effectiveness. This analysis casts doubt on the usefulness of tort law as a means to further the human rights cause.

scholarly journals Trespass to the Person, Human Rights and Ethically Contaminated Food: Freedom of Belief and Bodily Autonomy

2019 ◽  
Vol 10 (1) ◽  
pp. 27-62
Author(s):  
Javier García Oliva ◽  
Helen Hall
Keyword(s):  
Human Rights ◽  
Tort Law ◽  
Third Parties ◽  
Human Rights Law ◽  
Specific Question ◽  
England And Wales ◽  
Contaminated Food ◽  
Freedom Of Belief ◽  
The Uk ◽  
The Relationship

AbstractThis article explores the specific question of protection which tort law in England and Wales affords to individuals who are victims of ethical spiking (consumption of food contaminated by malicious third parties which is physically harmless, but repugnant to their religion or beliefs), and moves on to analyse the wider implications for the possible evolution of trespass to the person, and the relationship between tort and human rights law in the UK. Although not a comparative piece, it draws on some features of the Spanish paradigm which illustrate significant benefits of developing the law in the English context in the manner suggested.

THE RELATIONSHIP BETWEEN THE CONCEPTS OF "HUMAN RIGHTS" AND "FREEDOM OF THE PERSON»

2020 ◽  
Author(s):  
Хусейн Вахаевич Идрисов
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The Relationship

Статья посвящена характеристике юридических категорий «права человека» и «свободы человека». В работе проводится анализ российской законодательной и международной-правовой базы, а также вопрос соотношения исследуемых понятий. В заключении работы делается вывод об ограниченности прав и свобод человека границами права и свобод другого человека. The article is devoted to the characteristics of the legal categories "human rights" and"human freedoms". The paper analyzes the Russian legislative and international legal framework, as well as the question of the correlation of the studied concepts. In conclusion, the paper concludes that human rights and freedoms are limited by the boundaries of the rights and freedoms of another person.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

scholarly journals Risk, Human Rights and the Management of a Serious Sex Offender

2007 ◽  
Vol 28 (2) ◽  
Author(s):  
Noel Whitty
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Media Coverage ◽  
Sex Offender ◽  
Police Services ◽  
Critical Scrutiny ◽  
The Uk ◽  
The Relationship

AbstractRisk and human rights discourses have become dominant features of the UK criminal justice arena. However, there has been little critical scrutiny of the ways in which these discourses relate to each other. In this article, I focus on different accounts of the case of Anthony Rice, a 48-year old ex-offender who committed a murder in August 2005 whilst under the joint supervision of English probation and police services. Drawing upon official reviews by the Inspectorate of Probation and the UK Parliament Joint Committee on Human Rights, as well as media coverage, I use the Rice case to problematise some common assumptions about the relationship between risk and human rights.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

8. Damages, Compensation, and Responsibility

Tort Law ◽  
2017 ◽  
Author(s):  
Jenny Steele
Keyword(s):  
Human Rights ◽  
Tort Law ◽  
Recent Developments ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Relationship ◽  
Conceptual Difficulties ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with remedies, particularly monetary remedies, and remedial issues in relation to torts. Before discussing compensation and responsibility, it first considers the heads of loss for which damages in tort may be awarded, and some serious conceptual difficulties involved with this. It then looks at the potential for non-compensatory awards and the challenge to tort law represented by the growth of damages under the Human Rights Act 1998. It also assesses recent developments with respect to the assessment and delivery of damages, the funding of litigation, and the relationship between tort damages and welfare support.

scholarly journals The Continuing Effects of Welfare Reform on Food Bank use in the UK: The Roll-out of Universal Credit

2020 ◽  
pp. 1-21
Author(s):  
AARON REEVES ◽  
RACHEL LOOPSTRA
Keyword(s):  
Fixed Effects ◽  
Large Scale ◽  
Food Banks ◽  
Fixed Effects Model ◽  
Food Bank ◽  
Causality Tests ◽  
Large Scale Change ◽  
The Uk ◽  
The Relationship ◽  
Roll Out

Abstract In this paper we explore whether the recent rise in food bank usage in the UK has been induced by the roll-out of Universal Credit. We bring together official statistics on the introduction of Universal Credit with data on food bank usage from the UK’s largest food bank network. We test the relationship between Universal Credit and food parcel distribution using a range of causal identification strategies (such as fixed-effects model, Granger causality tests, and matching designs) and consistently find that an increase in the prevalence of Universal Credit is associated with more food parcel distribution. We also find that the relationship between Universal Credit and food parcel distribution is stronger in areas where food banks are active, suggesting food insecurity arising from Universal Credit may be hidden in places where food banks are largely unavailable. Though it is challenging to implement any large-scale change to social security, our analysis suggests systemic and persistent problems with this new system. Whilst the logic of Universal Credit is intuitively appealing, it has also proven to be unforgiving, leaving many struggling to make ends meet.

A human rights perspective on the use of social media by the ambulance services

2019 ◽  
Vol 11 (12) ◽  
pp. 532-537
Author(s):  
Chris Jones
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Media Use ◽  
Legal Framework ◽  
Ambulance Service ◽  
Social Media Use ◽  
The Public ◽  
Legal Duty ◽  
Use Of Social Media ◽  
The Uk

Social media use on behalf of ambulance services by paramedics, student paramedics and ancillary staff—‘corporate tweeting’, as it has become known—has in recent times been the subject of much debate in the paramedic profession. It has been argued that social media use is an unstoppable tide and a necessary means of imparting information to members of the public about the work the ambulance service performs. Conversely, others have argued that by tweeting about their patients, the ambulance service is breaching a fundamental code of professional ethics due to the use of confidential patient data. This article explores the UK legal framework of privacy and confidence in the healthcare context, from a human rights perspective, and seeks to demonstrate that some corporate tweeting has breached not only ethical standards, but may also have crossed the line into unlawfulness owing to the public nature of the organisations involved, and their legal duty to protect the human rights of their service users.

UK Fiscal Prospects

2010 ◽  
Vol 213 ◽  
pp. F66-F70 ◽  
Author(s):  
Ray Barrell ◽  
Simon Kirby
Keyword(s):  
Large Scale ◽  
Radical Change ◽  
Policy Framework ◽  
Budget Process ◽  
Spare Capacity ◽  
Intention To Move ◽  
The Government ◽  
The Uk ◽  
The Impact ◽  
The Relationship

The UK is restructuring the fiscal policy framework once again, with an intention to move toward independent assessment and forecasting in the budget process. At the same time a large-scale, if delayed, fiscal consolidation is planned at a time when there is significant spare capacity in the economy. Economic growth is also projected to be below trend, at least this year and perhaps next. It is unusual to see a fiscal tightening when the output gap appears to be widening. These policy settings should be seen in the context of the most radical change in the nature of the relationship between the government and the economy for at least thirty years. This note assesses the impact of the new programme on the economy as well as setting out a projection for the medium-term public finances.

Sign in / Sign up

Export Citation Format

Share Document