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

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