Human Rights In The Private Sphere

Author : Jörg Fedtke,Dawn Oliver
Publisher : Routledge Cavendish
Page : 608 pages
File Size : 49,6 Mb
Release : 2015-06-06
Category : Law
ISBN : 0415780829

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Human Rights and the Private Sphere by Jörg Fedtke,Dawn Oliver Pdf

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.

Author : Andrew Clapham
Publisher : Unknown
Page : 385 pages
File Size : 55,5 Mb
Release : 1996
Category : Civil law
ISBN : OCLC:38963200

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Human Rights in the Private Sphere by Andrew Clapham Pdf

Author : Andrew Clapham
Publisher : Oxford University Press on Demand
Page : 385 pages
File Size : 49,5 Mb
Release : 1996
Category : Political Science
ISBN : 0198764316

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Human Rights in the Private Sphere by Andrew Clapham Pdf

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.

Author : Jorg Fedtke
Publisher : Routledge
Page : 605 pages
File Size : 51,7 Mb
Release : 2007
Category : Human rights
ISBN : 9781134099795

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Human Rights and the Private Sphere Vol 1 by Jorg Fedtke Pdf

Part Part I: Introduction -- chapter PART I: INTRODUCTION Human Rights and the Private Sphere - the Scope of the Project -- part Part II: National Jurisdictions European Convention on Human Rights -- chapter 1 Denmark Drittwirkung and Conflicting Rights - Viewed from National and International Perspectives -- chapter 2 England and Wales The Human Rights Act and the Private Sphere -- chapter 3 France Horizontal Application and the Triumph of the European Convention on Human Rights -- chapter 4 Germany Drittwirkung in Germany -- chapter 5 Greece Taking Private Law Seriously in the Application of Constitutional Rights -- chapter 6 India Protection of Human Rights against State and Non-State Action -- chapter 7 Ireland Irish Constitutional Law and Direct Horizontal Effect - A Successful Experiment? -- chapter 8 Israel Human Rights in Private Law - The Israeli Case -- chapter 9 Italy The Protection of Constitutional Rights in the Private Sphere -- chapter 10 New Zealand Taking Human Rights into the Private Sphere -- chapter 11 South Africa From Indirect to Direct Effect in South Africa: a System in Transition -- chapter 12 Spain A Jurisdiction Recognising the Direct Horizontal Application of Human Rights -- chapter 13 The United States and Canada: State Action, Constitutional Rights and Private Actors -- chapter 14 The European Convention on Human Rights The European Court of Human Rights.

Author : Jörg Fedtke,Dawn Oliver
Publisher : Routledge
Page : 567 pages
File Size : 54,6 Mb
Release : 2007-08-07
Category : Law
ISBN : 9781134099788

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Human Rights and the Private Sphere vol 1 by Jörg Fedtke,Dawn Oliver Pdf

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.

Author : Law Commission of Canada
Publisher : UBC Press
Page : 212 pages
File Size : 45,9 Mb
Release : 2003
Category : Education
ISBN : 0774810432

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New Perspectives on the Public-Private Divide by Law Commission of Canada Pdf

The separation between public and private spheres has structured much of our thinking about human organizations. This collection of essays explores how the public-private divide influences, challenges, and interacts with law and law reform.

Author : Mats G. Hansson
Publisher : Springer Science & Business Media
Page : 184 pages
File Size : 44,9 Mb
Release : 2007-11-15
Category : Philosophy
ISBN : 9781402066528

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The Private Sphere by Mats G. Hansson Pdf

This book describes an emotional territory, which forms the individual's own sphere of action and experience. This develops in the course of evolution in pace with the individual's conditions of life, brought about by challenges in the natural and social environment.

Author : Ineke Boerefijn,J. E. Goldschmidt
Publisher : Unknown
Page : 0 pages
File Size : 44,6 Mb
Release : 2007
Category : Human rights
ISBN : 9050957455

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Human Rights in the Polder by Ineke Boerefijn,J. E. Goldschmidt Pdf

"What happened in this small country with its reputation of tolerance and traditional politics of accommodation? Discussions in the political arena and the media suggest that feelings of insecurity within the Dutch society are increasing. Are human rights less protected in the 21st century? The present volume aims to reconsider this position. Under this theme the authors identify a number of more or less typically Dutch issues and discuss these from a human rights perspective in an international setting. The central theme of human rights and security is focused on with particular attention for the private sphere, the public sphere and the implementation of human rights. These three themes are each dealt with in a general contribution, followed by more specific subjects under the same theme."--BOOK JACKET.

Author : Ovadia Ezra
Publisher : Springer Science & Business Media
Page : 205 pages
File Size : 43,7 Mb
Release : 2006-05-26
Category : Philosophy
ISBN : 9781402041051

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Moral Dilemmas in Real Life by Ovadia Ezra Pdf

Moral Dilemmas in Real Life purports to supply ways of thinking of, perhaps even dealing with, the ins and outs of ethical argument. The world today presents both individuals and communities with situations, which demand moral and ethical deliberations. From the more general issues of universal globalization to the very specific problems of every-day existence encountered by active agents, contemporary life is replete with moral and ethical conundrums. Any thinking person is required, so it seems, to be concerned, involved, or – at the very least – conversant with these issues and this book supplies the wherewithal needed. Applied ethics is that intellectual locale where theory meets praxis. Moral Dilemmas in Real Life is designed to make that meeting point explicit, by presenting a series of issues in well-grounded philosophical formulations. The book begins with the general relation between the individual and society – instilling ethical tension, and even clashes, between the private and the public in our discourse. Going on, from general to specific, it gradually narrows the ethical playing field to touch on medical ethics, the family, and the practice of punishment. In all cases, the book addresses both consensual and conventional social institutions and distortions thereof.

Author : Dan Friedmann,Daphne Barak-Erez
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 49,7 Mb
Release : 2002-03-12
Category : Law
ISBN : 9781847311887

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Human Rights in Private Law by Dan Friedmann,Daphne Barak-Erez Pdf

Traditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.

Author : Andrew Clapham
Publisher : Oxford University Press, USA
Page : 432 pages
File Size : 40,5 Mb
Release : 1993
Category : Language Arts & Disciplines
ISBN : UOM:39015032743976

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Human Rights in the Private Sphere by Andrew Clapham Pdf

Table of National Legislation

Author : Christine Forster,Jaya Sagade
Publisher : Taylor & Francis
Page : 240 pages
File Size : 48,5 Mb
Release : 2019-08-28
Category : Law
ISBN : 9781000228052

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Women’s Human Rights in India by Christine Forster,Jaya Sagade Pdf

This book focuses on women’s human rights in India. Drawing on case studies, it provides a clear overview of the key sources on gender and rights in the country. Further, it contextualizes women’s rights at the critical intersection of caste, religion and class, and analyses barriers to the realization of women’s human rights in practice. It also develops strategies for moving forward towards greater recognition, protection, promotion and fulfilment of women’s human rights in India. Drawing on critical pedagogical tools to analyse groundbreaking court cases, this book will be a key text in human rights studies. It will be indispensable to students, scholars and researchers of gender studies, sociology, law and human rights.

Author : Joan Wallach Scott,Debra Keates
Publisher : Unknown
Page : 440 pages
File Size : 49,6 Mb
Release : 2004
Category : Social Science
ISBN : STANFORD:36105114199966

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Going Public by Joan Wallach Scott,Debra Keates Pdf

In Going Public, a collection of international thinkers convene to reconsider the public/private distinction, an issue long central to feminists in their academic and political work. The feminist critique of rights has been fundamental to changes in Western liberal democracy and global human rights campaigns. These essays, in geographically and theoretically diverse case studies, test the currency of the categories of public and private as they determine social practices including protections and invasions of privacy by states, employers and other institutions. They ask what counts as 'the private' in different cultural contexts and, in their unique discussion with one another, reconsider the history and direction of social change. The unexpectedness of the approaches in these essays will unsettle received opinion, provoke new discussion, and challenge readers to think more seriously about the importance of figurative language, the power of common and uncommon usage, and the meaning of rights.

Author : Christina R Bambrick
Publisher : Unknown
Page : 0 pages
File Size : 52,5 Mb
Release : 2024
Category : Civil rights
ISBN : 1009293702

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Constitutionalizing the Private Sphere by Christina R Bambrick Pdf

""This book offers a new theoretical take on clashes of rights between private actors, or the "horizontal application" of rights. It will be of interest to scholars across the social sciences and humanities, particularly those studying law and politics, the relationship between government and civil society, and the public-private divide.""--

Author : Jean Thomas
Publisher : OUP Oxford
Page : 350 pages
File Size : 54,9 Mb
Release : 2015-04-30
Category : Law
ISBN : 9780191665592

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Public Rights, Private Relations by Jean Thomas Pdf

The abuse of workers in export processing zones in developing countries, the undignified treatment of elderly people in care homes, and the dangers for internet users' privacy arising from private companies' control of their data are prominent examples of how our most fundamental interests are increasingly jeopardized by powerful private actors. Jean Thomas argues that, while these interests are protected by human and constitutional rights in relation to the state, no similar protections exist in relations among private actors. To address this problem, she develops a theoretical framework for the application of human and constitutional rights among private actors. The author proposes a theory of private liability for public rights violations that allows us to answer the question: who should bear the duties associated with human and constitutional rights in the private sphere? And what do private actors owe one another in respect of the interests protected by these rights? In advancing a model of rights that makes the application of public rights among private actors morally plausible and institutionally feasible, the book also illuminates the broader conceptual question of what rights are.