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Proportionality and the human rights of companies under the ECHR - Whose interests are at stake?

Gill-Pedro, Eduardo LU (2020) In Nordic Journal of International Law 89(3-4). p.327-342
Abstract

This article considers whose interests may be at stake when a company claims its human rights under the European Convention on Human Rights (echr). In order to do that, the article will first investigate whether it makes sense to conceive of companies as persons capable of having their own interests. It finds that it is possible to do so. The article proceeds to analyse the case law of the European Court of Human Rights (ECtHR) in respect of claims regarding their companies' right to property, free expression and respect for home, considering whether, when the Court assesses the proportionality of the alleged interference, it is the interests of the company claiming the rights that are at stake. The article concludes it is possible to... (More)

This article considers whose interests may be at stake when a company claims its human rights under the European Convention on Human Rights (echr). In order to do that, the article will first investigate whether it makes sense to conceive of companies as persons capable of having their own interests. It finds that it is possible to do so. The article proceeds to analyse the case law of the European Court of Human Rights (ECtHR) in respect of claims regarding their companies' right to property, free expression and respect for home, considering whether, when the Court assesses the proportionality of the alleged interference, it is the interests of the company claiming the rights that are at stake. The article concludes it is possible to understand the case law of the court as not necessarily placing the interests of the company in the balance when assessing the proportionality of interferences with the Convention rights of companies. The article suggests that such an understanding is normatively desirable if we consider human rights as instruments for the protection of human beings.

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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
European Convention on Human Rights (echr), Interests, Personhood, Proportionality, Rights of companies, EU-rätt, Mänskliga rättigheter, Folkrätt
in
Nordic Journal of International Law
volume
89
issue
3-4
pages
16 pages
publisher
Brill Academic Publishers
external identifiers
  • scopus:85096938236
ISSN
0902-7351
DOI
10.1163/15718107-89030004
language
English
LU publication?
yes
id
7e1bf19d-e020-4867-b39a-defeeec0f247
date added to LUP
2020-12-11 14:49:17
date last changed
2020-12-29 03:41:00
@article{7e1bf19d-e020-4867-b39a-defeeec0f247,
  abstract     = {<p>This article considers whose interests may be at stake when a company claims its human rights under the European Convention on Human Rights (echr). In order to do that, the article will first investigate whether it makes sense to conceive of companies as persons capable of having their own interests. It finds that it is possible to do so. The article proceeds to analyse the case law of the European Court of Human Rights (ECtHR) in respect of claims regarding their companies' right to property, free expression and respect for home, considering whether, when the Court assesses the proportionality of the alleged interference, it is the interests of the company claiming the rights that are at stake. The article concludes it is possible to understand the case law of the court as not necessarily placing the interests of the company in the balance when assessing the proportionality of interferences with the Convention rights of companies. The article suggests that such an understanding is normatively desirable if we consider human rights as instruments for the protection of human beings.</p>},
  author       = {Gill-Pedro, Eduardo},
  issn         = {0902-7351},
  language     = {eng},
  number       = {3-4},
  pages        = {327--342},
  publisher    = {Brill Academic Publishers},
  series       = {Nordic Journal of International Law},
  title        = {Proportionality and the human rights of companies under the ECHR - Whose interests are at stake?},
  url          = {http://dx.doi.org/10.1163/15718107-89030004},
  doi          = {10.1163/15718107-89030004},
  volume       = {89},
  year         = {2020},
}