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A Right to Protection for whistle-blowers

Abstract : In this paper we present a principled view that grounds the need for whistleblowing protection, often missing in the literature. They argue that whistleblowers have a right to protection because of their role in ensuring accountability against wrongdoings that go unnoticed due to unrestrained practices of secrecy. This right derives from the crucial role of whistleblowing in exposing right limitations, in absence of procedures of redress, and information of public interest. Given this role, absence of procedures of protection and fair hearing of disclosure claims puts unfair burdens on whistleblowers so much as to, in some instances, preclude the very possibility of disclosure. In this regard, a cognizance of their role in ensuring protection of rights and structure of accountability demands a system of protection extended to human rights defendants. We argue that the European Union should stand up for the legal protection of whistle-blowers and encourage their contribution towards more transparent institutions and economic transactions.
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Submitted on : Tuesday, January 16, 2018 - 6:12:12 PM
Last modification on : Wednesday, August 5, 2020 - 3:10:52 AM

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  • HAL Id : hal-01685870, version 1

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Daniele Santoro, Manohar Kumar. A Right to Protection for whistle-blowers. D. Archibugi; A. E. Benli. Claiming Citizenship Rights in Europe. Emerging Challenges and Political Agents, Routledge, Taylor and Francis, pp.186-203, 2018, 978-1-138-03673-4. ⟨hal-01685870⟩

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