Lifelike and Lifeless in Law: Do Corporations Have Human Rights?

26 Pages Posted: 23 May 2013

See all articles by Anat Scolnicov

Anat Scolnicov

University of Cambridge - Faculty of Law

Date Written: May 2013

Abstract

This article asks whether corporations can have human rights. It shows that the European Court of Human Rights has assumed without discussion that such rights exist. It argues, through analysis of the justifications for human rights, that they cannot. The article then suggest a way that reconciles the negation of corporate rights with recognition of derivative rights under the European Convention of Human Rights, through examination of the case- law on substantive rights of the Convention, including freedom of speech and the right to private life.

Keywords: Human Rights, European Human Rights, Corporate Law, Corporate Identity, ECHR, European Convention on Human Rights, Companies, Corporations

JEL Classification: K2, K22

Suggested Citation

Scolnicov, Anat, Lifelike and Lifeless in Law: Do Corporations Have Human Rights? (May 2013). University of Cambridge Faculty of Law Research Paper No. 13/2013, Available at SSRN: https://ssrn.com/abstract=2268537 or http://dx.doi.org/10.2139/ssrn.2268537

Anat Scolnicov (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
739
Abstract Views
2,867
Rank
68,486
PlumX Metrics