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From the Rights to the Duties of Business Entities under the European Convention on Human Rights

Publication at Faculty of Law |
2018

Abstract

The aim of this paper is to analyse the rights and obligations of business entities under the European Convention on Human Rights ('the Convention') with the purpose of determining the correlation of business and human rights in this instrument. The key focus of this study is to identify whether business entities under this treaty should only be perceived as human rights holders or may well be recognised as being responsible for violation of these rights (obligors).

This paper addresses the following three points. First, this manuscript focuses on the concept of a 'business entity' in the meaning of the Convention.

Second, the author concentrates on the rights of these entities as elaborated in the practice of the European Court of Human Rights ('the Court'). Third, an analysis of the possible obligations of businesses under this international treaty is accomplished.

Based upon the Convention, the author concludes that business entities may perform the roles of both human rights holders and human rights obligors.