Human Rights in the Private Sphere
Published on 9. May 1996
Book
Paperback/Softback
422 pages
978-0-19-876431-1 (ISBN)
Description
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.
Reviews / Votes
`Complex and fascinating problems which the author reveals.'Times Higher Education Supplement `This book is an interesting and comprehensive discussion of human rights in the private sphere ... Reading is much aided by the consistent usage of summaries and conclusions.'
Interights Bulletin There is neither an as recent nor as comprehensive a work in English on this "neglected" but developing subject; this book therefore contributes usefully to the scholarship ... this is a valuable reference work ... The book is well produced and presented and contains a long and useful bibliography, a comprehensive index and lengthy footnotes throughout. It will be a valuable reference work for teachers and researchers in various fields ... It is an enjoyable and informative work on a subject which is likely to be of increasing importance in the near future. * Cambridge Law Journal * 'adventuresome and timely book...his book's lesson surely transcends its regional boundaries....This is no dry account by an unconcerned observer....The book's detail impresses the reader....In exploring such matters, Clapham argues and writes like a highly skilled common lawyer....Clapham's book achieves a great deal in advancing knowledge and insight about a vital aspect of the human rights movement that had remained surprisingly arcane over the years - all too "private." One looks forward to the next project of a scholar with such an appetite for the difficult and such a capacity for exhaustive research, probing analysis and moral engagement.' * The American Journal of International Law *
More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Oxford University Press
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 23 mm
Weight
641 gr
ISBN-13
978-0-19-876431-1 (9780198764311)
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Schweitzer Classification
Content
Part 1 The different ways in which the European Convention on Human Rights is relevant, or may become relevant, in the United Kingdom courts: the relevance of the Convention in the United Kingdom courts; the relevance of the Strasbourg Proceedings for the United Kingdom courts; incorporation of the European Convention on Human Rights in the United Kingdom? Part 2 The application of human rights in the sphere of relations between non-state bodies: international human rights and private bodies - two approaches; limits to the application of human rights in the private sphere; fundamental rights in the private sphere - the United States and Canada; the application of the European Convention of Human Rights to the acts of non-state actors - the case-law of the European Commission and Court of Human Rights; the European Community legal order; a "private police" for human rights in the private sphere; the application of human rights in the private sphere in the United Kingdom.