england-and-wales european-union human-rights any-jurisdiction european-court-of-human-rights
Do all legal persons have human rights?
<p>For example, a corporate legal person can be proceeded against with criminal charges. Instinctively, one would be inclined to apply such &quot;human&quot; rights as that to a fair trial in protecting any defendant being proceeded against in a criminal context. But must the bar be quite as high for artificial legal persons as it is for natural ones?</p>
<p>And can non-human persons enjoy, and must they be afforded, &quot;<em>human</em> rights&quot;?</p>

<p><a href="/questions/tagged/canada" class="post-tag" title="show questions tagged &#39;canada&#39;" aria-label="show questions tagged &#39;canada&#39;" rel="tag" aria-labelledby="tag-canada-tooltip-container">canada</a></p>
<p>It depends on the right. See <em>Quebec (Attorney General) v. 9147-0732 Québec inc.</em>, <a href="https://canlii.ca/t/jbf0p" rel="noreferrer">2020 SCC 32</a>:</p>
<blockquote>
<p>To claim protection under the Charter, a corporation ⸺ indeed, any claimant ⸺ must establish that &quot;it has an interest falling within the scope of the guarantee, and one which accords with the purpose of that provision.&quot;</p>
</blockquote>
<p>Regarding section 12 (right to be free from cruel and unusual treatment or punishment):</p>
<blockquote>
<p>the text “cruel and unusual” denotes protection that “only human beings can enjoy”</p>
</blockquote>
<p>Regarding section 7 (right not to be deprived of life, liberty, or security of the person other than in accordance with principles of fundamental justice):</p>
<blockquote>
<p>A plain, common sense reading of the phrase “Everyone has the right to life, liberty and security of the person” serves to underline the human element involved; only human beings can enjoy these rights.</p>
</blockquote>
<p>But, regarding section 8 (right to be free from unreasonable search or seizure):</p>
<blockquote>
<p>the Court accepted, without discussion or explanation, that the s. 8 right to be secure against unreasonable search or seizure could apply to corporations.</p>
</blockquote>
<p>And section 11(b):</p>
<blockquote>
<p>the Court extended the s. 11(b) right to be tried within a reasonable time to corporations on the basis that any accused, corporate or human, has, as Stevenson J. said, “a legitimate interest in being tried within a reasonable time”</p>
</blockquote>
