Contents
Part I: Introduction... 3
Part II: National Jurisdictions
Chapter 1: Denmark... 27
Drittwirkung and conflicting rights - viewed from national and international perspectives
Chapter 2: England and Wales... 63
The human rights act and the private sphere
Chapter 3: France... 98
Horizontal application and the triumph of the European Convention on human rights
Chapter 4: Germany... 125
Drittwirkung in Germany
Chapter 5: Greece... 157
Taking private law seriously in the application of constitutional rights
Chapter 6: India... 180
Protection of human rights against state and non-state action
Chapter 7: Ireland... 213
Irish constitutional law and direct horizontal effect
Chapter 8: Israel... 252
Human rights in private law- the Israeli case
Chapter 9: Italy... 276
The protection of constitutional rights in the private sphere
Chapter 10: New Zealand... 312
Taking human rights into the private sphere
Chapter 11: South Africa... 351
From indirect to direct effect in South Africa: a system in transition
Chapter 12: Spain... 399
A jurisdiction recognising the direct horizontal
Chapter 13: The United States and Canada... 399
State action, constitutional rights and private actors
Chapter 14: The European convention on human rights... 427
The European Court of human rights
Part III: Comparative analysis
Comparative analysis... 467
Country by country chart... 520

Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.