Trespass to the Person, Human Rights and Ethically Contaminated Food: Freedom of Belief and Bodily Autonomy

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Abstract

This article explores the specific question of protection which tort law in England and Wales affords to individuals who are victims of ethical spiking (consumption of food contaminated by malicious third parties which is physically harmless, but repugnant to their religion or beliefs), and moves on to analyse the wider implications for the possible evolution of trespass to the persona, and the relationship between tort and human rights law in the UK. Although not a comparative piece, it draws on some features of the Spanish paradigm which illustrate significant benefits of developing the law in the English context in the manner suggested.
Original languageEnglish
Article number1(10)
Pages (from-to)27
Number of pages62
JournalJournal of European Tort Law
Early online date17 May 2019
DOIs
Publication statusPublished - 2019

Keywords

  • Tort; Trespass; Human Rights; Bodily Autonomy; Religion and Belief

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