On 11 May, Inês F. Neves will take part in the seminar "Companies as Holders of Fundamental Rights: from Human Dignity to the Rule of Law", promoted by the Law Faculty of the University of Laud, in Sweden, as part of the Union Law Week.
The event aims to address the problem-issue of the ownership of fundamental rights by companies, analysing the respective foundations, in the context of a strictly humanist vision of rights, as well as seeking to highlight the special nature of companies as subjects of rights.
The lawyer states: “Typically, only human persons are recognised the status of fundamental rights holders. This is so because fundamental rights are said to be derivative of human dignity, which other 'persons' cannot claim. However, several national Constitutions and the EU and European Convention on Human Rights systems recognise legal persons as fundamental rights holders. For instance, Article 19(3) of the Basic Law for the Federal Republic of Germany reads as follows: “The basic rights shall also apply to domestic legal persons to the extent that the nature of such rights permits”. In the same vein, the Portuguese Constitution states: "Legal persons shall enjoy such rights and be subject to such duties as are compatible with their nature.” Within the system of the ECHR, while only Article 1 of Protocol 1 to the ECHR on the right to property expressly provides for its application to legal persons, both the European Court of Human Rights (ECtHR) and the Court have gradually recognised the freedom of expression; the right to respect for the home and correspondence; and the right to a fair trial as applicable to legal persons. Also, within the system of EU law, the Court confirmed that legal persons enjoy not only the right to property; but also the freedom to conduct a business; the right to an effective judicial remedy; and the right to legal aid. A test of compatibility or essence is applied: only fundamental rights applicable by their nature shall also apply to legal persons. As a subset of "legal persons", companies are recognised as "persons" in many areas of law, mainly in order to render them liable for actions that are attributed to them autonomously (for instance, in competition or data protection law). However, despite the "certainties" as regards their autonomy, independence, liability, or duties of respect for others’ fundamental rights and public interests, there are several doubts, uncertainties, and unanswered questions as regards their recognition as holders of fundamental rights. Why are they recognised as such? Because of their human substrate? Because of being capable of finding themselves in a position of danger typical of fundamental rights? Because the rule of law implies that all “powers” act within the constraints set out by law, under the values of democracy and fundamental rights (independent of their holders), and under the control of independent and impartial courts?
In this seminar, we will explore why their recognition as fundamental rights holders is essential and an imperative of a State under the rule of law. In this regard, it is crucial to understand which fundamental rights also apply to companies; whether they also apply to public companies, and their particularities when applied to companies (in comparison with human beings).”
Access the program attached.
