Human Rights in the Private Sphere

Paperback | April 30, 1999

byAndrew Clapham

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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 betweenindividuals. 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 ofthe 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 ofinternational 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.

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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 betweenindividuals. It asks whether victims should be pr...

Andrew Clapham is a Representative of Amnesty International at the United Nations.

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Format:PaperbackDimensions:422 pages, 9.21 × 6.14 × 0.94 inPublished:April 30, 1999Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198764316

ISBN - 13:9780198764311

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`'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'sbook 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 forexhaustive research, probing analysis and moral engagement.''The American Journal of International Law