Recommendation 46

The proposal that a Bill of Rights should provide for damages to be reduced or removed on account of the claimant’s conduct, specifically confined to the circumstances of the claim, is unnecessary, and risks unbalancing the equitable approach to damages currently taken by the courts. To extend that proposal to wider conduct outside the circumstances of the case would constitute an indirect but dangerous attack on the fundamental universality of human rights and should be rejected. (Paragraph 200) Strengthening rights