Can a Government of a European Nation be Liable Under the European Convention on Human Rights for Employees Exposed to Asbestos?

15 Pages Posted: 22 Dec 2011 Last revised: 2 Feb 2015

See all articles by Rohan Price

Rohan Price

University of Tasmania - Faculty of Law; Dalian Maritime University Law School

Evelien Kezel

Utrecht University

Date Written: October 18, 2010

Abstract

This article explores the likelihood of a national government being held liable under international human rights law for not taking legislative steps to prevent a worker from becoming contaminated by exposure to a toxic work environment. The analysis has a particular focus on whether such failures infringe the right to life under Article 2 of the European Convention on Human Rights. Of implicit relevance is the breadth of the Art. 2 right to life in ECHR jurisprudence and what a national government would need to prove to argue successfully that it took appropriate legal steps to protect employees from an occupational toxicity. Using asbestos as an example, the article argues that there is a need for a human right better adapted to global occupational toxicity: to a working environment with surfaces and air which is free of contamination.

Keywords: mesothelioma, liability, asbestos, dust disease, Art 2 ECHR

Suggested Citation

Price, Rohan B.E. and Kezel, Evelien, Can a Government of a European Nation be Liable Under the European Convention on Human Rights for Employees Exposed to Asbestos? (October 18, 2010). European Review of Private Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1693762 or http://dx.doi.org/10.2139/ssrn.1693762

Rohan B.E. Price (Contact Author)

University of Tasmania - Faculty of Law ( email )

Private Bag 89
Hobart, TAS 7001
Australia

HOME PAGE: http://www.utas.edu.au/law/people/law-people-profiles/Rohan-Price

Dalian Maritime University Law School ( email )

1 Linghai Road
Dalian, 116026
China

Evelien Kezel

Utrecht University ( email )

Vredenburg 138
Utrecht, 3511 BG
Netherlands

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