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Juristic persons as holders of fundamental rights

Publication at Faculty of Law |
2019

Abstract

The monograph chapter discusses the legal relationships in which juristic persons take part as persons vested with fundamental rights. Although human rights conventions have not provided a clear answer to whether persons other than humans can be vested with fundamental rights, social developments and the growing importance of juristic persons in the 20th century led courts to increasingly attribute fundamental rights also to juristic persons.

Moreover, explicit regulation of fundamental rights of juristic persons appears in newly constructed fundamental rights conventions. This chapter compares the approach in legal theory and case law with the legal environment in the Czech Republic, Germany and, finally, the Strasbourg system of protection of human rights.

Special attention is paid to fundamental rights of the state and other public-law corporations, a widely debated and controversial issue in Czech jurisprudence.