New Article: Canor et al, Litigating Human Rights Violations Through Tort Law

Canor, Iris, Tamar Gidron, and Haya Zandberg. “Litigating Human Rights Violations Through Tort Law: Israeli Law Perspective.” In Damages for Violations of Human Rights: A Comparative Study of Domestic Legal Systems (ed. Ewa Bagińska; Cham, Switzerland: Springer, 2016): 193-215.

 

9783319189499

URL: http://dx.doi.org/10.1007/978-3-319-18950-5_9

 

Abstract

Israeli law supplies multiple legal sources for protection of human rights: constitutional protection, criminal protection, administrative protection and civil law- mostly tort law- protection. These sources supply protection against both public (state and public authorities, bodies, officers) and private (personal as well as legal entities) violations of human rights. This papers deals with the relevant causes of action by which Israeli courts compensate for the harm caused by human rights violations. We shall mainly deal with tort law, yet since the interplay among the multiple sources of protection is sometime complicated and unclear we shall have to relate to constitutional/penal law as well, but only when directly relevant to the main issue of the paper. Two main consequences follow. First, the current law in Israel portrays a very well equipped toolkit. Second, nevertheless, case law still grapples with the idea of finding a well-balanced avenue to impose absolute liability for violations of human rights regardless of fault, negligence or any other deviation from reasonable conduct on the part of the state and its organs and/or officers in certain limited type of circumstances.

 

 

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