Human Rights in the Private Sphere / Edition 1

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Overview

This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations between individuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to 'human rights in the private sphere'. This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts of the United Kingdom and at the European level: at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg. In addition, some constitutional cases are examined from the United States and Canadian legal orders. The application of international human rights law to the private sphere has implications for the worlds of labour relations, race relations, discrimination, and violence against women and for victims of indignities everywhere. This study shows that respect for privacy need not mean excluding wrongs in the private sphere from the world of human rights.
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Product Details

Table of Contents

Abbreviations
Table of Cases, Applications, and Communications
Table of National Legislation
Table of Treaties, Declarations, European Community Legislation and Draft International Instruments
Introduction 1
Pt. I The Different Ways in which the European Convention on Human Rights is Relevant, or may become Relevant, in the United Kingdom Courts
1 The Relevance of the Convention in the United Kingdom Courts 13
2 The Relevance of the Strasbourg Proceedings for the United Kingdom Courts 55
3 Incorporation of the European Convention on Human Rights in the United Kingdom? 67
Pt. II The Application of Human Rights in the Sphere of Relations between Non-State Bodies
4 International Human Rights and Private Bodies: Two Approaches 89
5 Limits to the Application of Human Rights in the Private Sphere 134
6 Fundamental Rights in the Private Sphere: The United States and Canada 150
7 The Application of the European Convention on Human Rights to the Acts of Non-State Actors: The Case-Law of the European Commission and Court of Human Rights 178
8 The European Community Legal Order 245
9 A 'Private Police' for Human Rights in the Private Sphere 284
10 The Application of Human Rights in the Private Sphere in the United Kingdom 298
Conclusions 343
Bibliography 357
Index 375
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