Challenging Corporate 'Humanity': Legal Disembodiment, Embodiment and Human Rights

Grear, Anna

doi:10.1093/hrlr/ngm013

Cited by 89 publications

(17 citation statements)

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“…But, despite the arguments against a Convention right to corporate reputation made above, it is not implausible to think that the Court might find such a right to exist: it has form in extending Convention rights to corporate applicants without sufficiently considering whether doing so would be conceptually appropriate. 201 Two cases in particular illustrate this problem: Comingersoll SA v Portugal 202 and Société Colas Est v France. 203 In the former, the Court decided that a corporation was entitled to non-pecuniary compensation under Art 41, taking into account 'the company's reputation, uncertainty in decision-planning, disruption in the management of the company … [and] the anxiety and inconvenience caused to the members of the management team.'…”

Section: Conclusion: Cause For Concernmentioning

confidence: 99%

Corporate reputation under the European Convention on Human Rights

Acheson

2018

Journal of Media Law

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Section: Conclusion: Cause For Concernmentioning

confidence: 99%

Corporate reputation under the European Convention on Human Rights

Acheson

2018

Journal of Media Law

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“…What is at stake is that an approach based (exclusively) on human rights can both be ineffective in protecting some specific condition of weakness and need, and take seriously into account the vulnerability of individuals as group members. On the one hand, the human rights system is based on a concern for human dignity and human basic needs, but on the other hand, the human rights paradigm is dominated by the liberal quasi‐disembodied subject, and by the idea of individual liberty and autonomy (Grear ; ). Understanding human rights as the main way to protect human dignity may sometimes (Dembour and Martin , 142) obscure important questions of global inequality, by focusing only on the needs and claims of specific individuals.…”

Section: Substantial Equality and Empowermentmentioning

confidence: 99%

Group Vulnerability, Asymmetrical Balance, and Multicultural Recognition

Macioce

2018

Ratio Juris

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In this paper I argue for a cautious multicultural approach, with specific regard to its implementation as a legal strategy. Such an approach is cautious only because, as I will demonstrate, it stems from an awareness that in some cases, and for different reasons (political, social, as well as legal), other multicultural policies based on minority or group rights do not work. In other words, I will argue for a strategy of recognition that is additional to others, and that can be implemented and juxtaposed with others, in order to offer a better defence of those rights and claims, which other policies do not recognise (or recognise insufficiently).

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“…7 Granting human rights to companies wouldn't deprive human beings of their rights but would make companies more aware of the need for human rights protection. 8 Case Yukos v. Russia 9 is seen as a perfect example why companies should enjoy protection -possibility to appear before ECtHR offers a corporation whose rights were violated by its own state an independent international venue for judicial review. 10 Some theorists consider that corporations must enjoy certain fundamental rights that are essential to their purpose and functioning but those rights are not necessarily as extensive as those of natural persons or non-profit entities.…”

Section: Human Rights Of Companies -Pro Et Contramentioning

confidence: 99%

Protection of Rights of Companies Before the European Court of Human Rights

Višekruna¹

2017

Eu and Comparative Law Issues and Challenges Series

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The relation between companies and human rights is usually observed through the concept of corporate social responsibility, i.e. companies being human rights violators. However, this subject can be observed from a different angle that is gaining greater significance nowadaysthe possibility for companies to protect their rights before the European court of human rights (ECtHR). The aim of this paper is to determine how the scope of human rights protection has evolved and expanded. From the basic notion of human right belonging to a human being to the idea that this term can be expanded to capture 'human rights of companies' (Emberland). Indisputably company's right to property can be protected before the ECtHR, as it is officially recognised under Protocol No. 1 of the European convention on human rights. However, the case law has gradually started to expand the scope of the Convention to other rights that were not explicitly granted to companies-first by recognising procedural rights to companies, and later by recognising rights such as right to respect for private and family life (article 8), freedom of expression (article 10) and right to just satisfaction (article 41) (so-called 'hard cases'). This expandedpersonal scope of the Convention is raising many controversies. The major concern is that granting right to companies would diminish the rights of natural persons, as companies would utilise their newfound position to avoid honouring rights of natural persons. The question is where this case law dynamics will lead us to-shall we soon be raising the issue of company's right to life. Also, there is the issue whether shareholders have right to sue in case of violation of rights of their companies.

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Challenging Corporate 'Humanity': Legal Disembodiment, Embodiment and Human Rights

Cited by 89 publications

References 0 publications

Corporate reputation under the European Convention on Human Rights

Corporate reputation under the European Convention on Human Rights

Group Vulnerability, Asymmetrical Balance, and Multicultural Recognition

Protection of Rights of Companies Before the European Court of Human Rights

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