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Litigating Human Rights Violations Through Tort Law: Israeli Law Perspective

  • Iris CanorEmail author
  • Tamar Gidron
  • Haya Zandberg
Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 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.

Keywords

Supra Note International Treaty District Court Tort Liability Statutory Duty 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Copyright information

© Springer International Publishing Switzerland 2016

Authors and Affiliations

  1. 1.The Haim Striks School of LawThe College of Management, Academic StudiesRishon LeZionIsrael
  2. 2.School of LawZefat Academic CollegeSafedIsrael
  3. 3.Civil Litigation DepartmentAttorney General OfficeJerusalemIsrael

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