Human Rights in the Private Sphere by Andrew Clapham (English) Paperback Book

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An examination of the implications of the European Convention of Human Rights on English law which considers whether victims would be protected from non-state actors, and attempts to develop a coherent approach to 'human rights in the private sphere'.

FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Publisher 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 studyconcentrates 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 ofHuman 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 privatesphere from the world of human rights.

Author Biography

Andrew Clapham is Professor of Public International Law at the Graduate Institute of International Studies, Geneva.

Table of Contents

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.

Review

`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 anenjoyable 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

Long 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 studyconcentrates 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, someconstitutional 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.

Review Text

`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 anenjoyable 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

Review Quote

'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

Details ISBN0198764316 Author Andrew Clapham Language English ISBN-10 0198764316 ISBN-13 9780198764311 Media Book Format Paperback Year 1996 Series Oxford Monographs in International Law Imprint Clarendon Press Place of Publication Oxford Country of Publication United Kingdom DEWEY 341.481 Illustrations bibliography Short Title HUMAN RIGHTS IN THE PRIVATE SP Edition Description Revised DOI 10.1604/9780198764311 UK Release Date 1996-05-09 AU Release Date 1996-05-09 NZ Release Date 1996-05-09 Pages 422 Publisher Oxford University Press Publication Date 1996-05-09 Audience Professional & Vocational We've got this

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