Litigating Human Rights Violations Through Tort Law: Israeli Law Perspective
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.
KeywordsSupra Note International Treaty District Court Tort Liability Statutory Duty
- Barak-Erez, Daphne, and Israel Gilead. 2009. Human rights in tort and contract law: The silent revolution. Kiryat Hamishpat 8: 11–37.Google Scholar
- Barak-Erez, Daphne, and Israel Gilead. 2007. Human rights in private law: The Israeli Case. In Human rights and the private sphere – A comparative study, eds. Dawn Oliver and Jorg Fedtke, 252–275. New York: Routledge-Cavendish.Google Scholar
- Blackstone, William. 1765. Commentaries on the laws of England. Oxford: Clarendon.Google Scholar
- Cheshin, Mishael. 1968. Tort law and the law of the fathers. Mishpatim 1: 346–371.Google Scholar
- English, Rosalind. 2014. Does the EU Rights Charter apply to private disputes? UK human rights blog. ukhumanrightsblog.com/2014/01/22/does-the-eu-rights-charter-apply-to-private-disputes-sometimes-sometimes-not. Accessed 4 Mar 2015.
- Gidron, Tamar. 2008. Between Bank’s Neglagence (UK) and The State’s Negligence (Israel): Pure economic damage in light of new ajudification – Analysis and evaluation in a comparative perspective. Hapraklit 50: 95–185.Google Scholar
- Gidron, Tamar. 2012. The state, public bodies, and public officials in negligence – A slippery sloap. Hapraklit 51: 443–512.Google Scholar
- Gidron, Tamar and Roi Iluz. 2013. Breach of statutory duty. In Sefer Or, eds. Aharon Barak, Ron Sokol, and Oded Shaham, 141–201. Nevo.Google Scholar
- Gilead, Israel, and Ehud Guttel. 2004. On broadening tort liability in the causation dimension – A critical analysis. Mishpatim 34: 385–441.Google Scholar
- Lewinsohn-Zamir, Daphna, and Ada Bar-Shira. 1989. Breach of statutory duty. In The law of civil wrongs – The particular torts, ed. Tedeschi Gad, 1–96. Jerusalem: The Harry and Michael Sacher Institute for Legislative Research and Comparative Law.Google Scholar
- Loubser, Max, and Tamar Gidron. 2011. Liability of the state and public authorities in Israel and South Africa. Loyola Law Review 57: 727–780.Google Scholar
- Tadeschi, Gad, Aharon Barak, and Mishael Cheshin. 1977. The law of civil wrongs: General part, ed. Gad Tedeschi, 2nd ed. Magnes.Google Scholar
- Zandberg, Haya. 1994. Tort claims against the executive authority – The pendulum movement. Hapraklit 52: 591–627.Google Scholar