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Effects of Human Rights in Private Law

Publication at Faculty of Law |
2011

Abstract

The article challenges traditional view on human rights as rights guaranteed only against the state. Author identifies two constitutional turns that lead to the necessity of redefining the traditional viewpoint on human rights (the conception of directly applicable constitution and the privatization of states’ functions).

How public and private law intertwine in contemporary law is shown on the examples of private military contractors that accompany modern armies at wars as well as transnational corporations operating in the Third World and exploiting indigenous people there. As for the model of operating of human rights in private law, the most relevant seems the model of residual or complementaty application of human rights norms in private law, as one of the form of indirect horizontal effect of human rights in private law.