ABSTRACT

Under the influence of the global spread of human rights, legal disputes across the globe are increasingly framed in human rights terms. In a myriad of court cases the world over, opposing parties can invoke human rights norms in support of their competing claims. Take, for instance, a labour dispute in which a church invokes its religious freedom to shield it from the complaint of a lay employee, who claims that his dismissal for having engaged in an extramarital relationship has violated his right to privacy. Or take the case of a politician who sues a newspaper for defamation, claiming that a corruption story on the newspaper’s front page has breached her right to reputation. Or the case of an adopted person who seeks a court order for the disclosure of information related to her origins, against the express wishes of her biological mother, who had given birth to her anonymously.