Category Archives: Fundamental or Human Rights
Nwabueze and White, ‘Privacy law and the dead – a reappraisal (part II)’
ABSTRACT In an earlier article, we argued that post-mortem privacy is not sufficiently protected in England and Wales. In this article, we draw from Boonin’s posthumous harm thesis and posthumous wrong thesis to develop a framework and rationale for justifying the recognition and enforcement of a privacy right post-mortem. Essentially, our theoretical framework suggests that, […]
‘Litigating Human Rights of the Mind: US Social Media Litigation as a Wake-Up Call for Human Rights’
Last week, two US courts for the first time found Meta and Google (YouTube) liable for inflicting harm on users and for violating consumer protection law. These judgments come at a time when European digital policy is under geopolitical pressure and, at the same time, social media bans for children and adolescents are being discussed […]
‘Racial Harms, Contracts, and Reparations’
Dorothy Brown, ‘Getting to Reparations: How Building a Different America Requires a Reckoning with Our Past’ (2026). Dorothy Brown’s new book Getting to Reparations: How Building a Different America Requires a Reckoning with our Past shows that ‘the legacy of slavery … is found in every nook and cranny of American life’ (p 164). So […]
Michael Wachukwu, ‘Protection of Digital Rights in Data, Cyber and AI governance’
ABSTRACT As different Courts with different mandates and jurisdictions, the CJEU do consider various rights limitations under Article 8 of the ECHR, as interpreted by the ECtHR. This research found that the CJEU and ECtHR strive to live up to expectations under current data protection laws. However, their jurisprudence seems to fall short of providing […]
Michael Wachukwu, ‘Points of Convergence and Divergence of Scholars on the CJEU and ECtHR Jurisprudence on Digital Rights Protection’
ABSTRACT To sustain the rule of law, everyone should enjoy efficient judicial protection of their digital rights. In this regard, the CJEU however held that ‘the right to data protection is not absolute but qualified and must be considered in relation to its function in society’. For a researcher, the right to an effective legal […]
Kish Parella, ‘The Human Rights Obligations of Corporate Directors’
ABSTRACT Corporate directors and officers substantially influence how well – or poorly – a corporation addresses human rights risks. But their involvement is often hidden or misunderstood, despite the reality that many corporate human rights abuses occur because of explicit choices made by their leadership that, on many occasions, inevitably lead to human rights violations. […]
Lewis Graham, ‘Interpreting the Interpretive Obligation: Empirical Insights into the Use of Section 3 of the Human Rights Act 1998’
ABSTRACT Section 3 of the Human Rights Act provides courts with a distinctive, and controversial, power to (re)interpret legislative provisions, where ‘possible’, in a manner which is compatible with the rights under the European Convention on Human Rights. However, much of the commentary on this provision relies disproportionately on a small handful of early landmark […]
Brian Potts, ‘A Simple Case for Slavery Reparations: Title to Slavery’s Fruits Did Not Pass’
INTRODUCTION America should pay reparations for slavery. The debt is long overdue. Reparations were ripe in 1619 when pirates dragged enslaved Africans ashore at Jamestown. Instead of liberating their fellow children of God, pilgrims ‘bought’ these Africans and held them in bondage. The debt for their labor was long overdue by 1625 when enslaved Africans […]
Bailey Barnes, ‘Tort Reform and the Takings Clause’
ABSTRACT The United States tort reform movement has capped noneconomic damage awards in many jurisdictions, thereby preventing the most injured plaintiffs from being fully compensated for their suffering. While litigants have asserted numerous state constitutional challenges to these tort recovery limits, with varying degrees of success, aggrieved plaintiffs have underutilized the Fifth Amendment’s Takings Clause. […]
Kramer, Ucin and Dori, ‘Challenges to access to civil justice in Europe’
ABSTRACT The right of access to justice, as guaranteed by human right conventions, has evolved under the influence of the changing role of the state. This chapter examines recent trends and assesses how access to justice plays out in EU policy and legislation in the area of civil justice. After delving into policy considerations it […]