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
`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 *



Book Information
ISBN 9780198764311
Author Andrew Clapham
Format Paperback
Page Count 422
Imprint Clarendon Press
Publisher Oxford University Press
Weight(grams) 1g
Dimensions(mm) 235mm * 157mm * 24mm