human rights Tag

Famous movie stars and athletes earn big bucks beyond their day job at the studio or stadium. Their image can be used to in a variety of commercial contexts, ranging from endorsements and sponsorships, to merchandising and deals with fashion brands and magazines. Marketwatch reports that on average, signing a celebrity correlates to a rise in share prices, and a 4% increase in sales. After Chanel signed Nicole Kidman in 2003 to promote their N°5 perfume, global sales of the fragrance increased by 30%. Celebrities today spend a huge amount of time and energy developing and maintaining their public image. But here in the United Kingdom, "image rights" have never been clearly stated in law. So how do celebrities protect and control the publicity associated with their name, image, and brand?

In October 1960, a jury formed at the criminal court in central London was asked to consider what would become one of the most important cases in modern English history. The trial concerned neither murder, treason, nor espionage, but the publication of D. H. Lawrence's Lady Chatterley's Lover by Penguin Books. In honour of Lord Jeremy Hutchinson QC, a member of the Penguin defence team who passed away yesterday, here is a reminder of why Regina v. Penguin Books was such an enormous decision for the freedom of expression.
First published in 1928Lady Chatterley's Lover tells the story of a young married woman, Lady Constance Chatterley. Her husband, Sir Clifford Chatterley, is handsome and wealthy, but paralysed from the waist down after injuring himself in the First World War. In addition to his physical (read: sexual) limitations, Clifford neglects Constance emotionally: her frustration leads to her affair with the estate's gamekeeper, Oliver. A particular sex scene and liberal use of strong language including "fuck" and "cunt" led to it being banned in several countries.

From the archives! I wrote this essay in 2012 for my coursework in European human rights law, as part of my masters' degree. Reading it now, five years and a law degree later (!) is a bit cringe, but I think it does a fairly decent job of explaining some of the more theoretical differences in American and European approaches to human rights.
Is the European recognition of positive obligations in human rights law superior to the view taken by the United States Supreme Court?
In the Liberal tradition, democracies emphasise the political and civil rights of their citizenry: autonomy, the rule of law, and both positive and negative liberties of the individual are some of many examples. But what of the negative and positive obligations regarding the state, in as much as human rights are concerned? While the democratic values of Europe and America are largely built upon the same ideals, it is the means by which their different legal systems ascertain government duty wherein a fundamental divergence of responsibility occurs. Principally, the distinction centres on the reach of law, and to what extent conflicts can be ameliorated through courts.