JOURNAL ARTICLE

Fundamental Rights of Corporations as International Human Rights: The Perspective of Regional Economic Courts.

  • Published In: Human Rights Law Review, 2023, v. 23, n. 4. P. 1 1 of 3

  • Database: Criminal Justice Abstracts with Full Text 2 of 3

  • Authored By: Wiater, Patricia 3 of 3

Abstract

The article examines whether and why international human rights law should protect corporations, focusing on regional economic integration systems such as the European Union (EU). It distinguishes between human rights—grounded in the inherent dignity of natural persons—and fundamental rights of corporations, which are justified politically as legal rights necessary to uphold the Rule of Law (RoL) within economic integration frameworks. Regional courts like the European Court of Justice (ECJ) recognize corporations as rights holders due to their central economic role, granting them fundamental rights that protect against arbitrary state or supranational interference, while still allowing for regulation aimed at protecting human rights. The article argues that although corporations hold fundamental rights, these do not create an absolute shield against accountability, and in balancing corporate and human interests, core human rights (e.g., prohibitions on torture or child labor) maintain priority. It also notes that the applicability and justification of corporate fundamental rights vary across regional human rights systems, reflecting differing political, cultural, and legal traditions.

Additional Information

  • Source:Human Rights Law Review. 2023/12, Vol. 23, Issue 4, p1
  • Document Type:Article
  • Subject Area:Literature and Writing
  • Publication Date:2023
  • ISSN:1461-7781
  • DOI:10.1093/hrlr/ngad025
  • Accession Number:173959316
  • Copyright Statement:Copyright of Human Rights Law Review is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Looking to go deeper into this topic? Look for more articles on EBSCOhost.