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The Horizontal Effect of International Human Rights Law in Practice

A Comparative Analysis of the General Comments and Jurisprudence of Selected United Nations Human Rights Treaty Monitoring Bodies

Lottie Lane

through the international legal framework, or whether non-legal approaches would better protect individuals. In other words, do we need to look beyond the current (albeit still developing) legal framework to achieve de facto horizontal effect? In order to answer this question, it is necessary to have a

Daniel Wolff

The article discusses the proposal for a “Charter of Digital Fundamental Rights of the European Union,” whose central element is a binding effect of its fundamental rights not only to state authorities, but also to powerful private internet companies, which have a potential similar to that of the state to infringe on fundamental rights in the digital era. The article outlines the traditional German approach to fundamental rights and its underlying distinction between state and society, which makes it difficult for German scholars to handle a so-called horizontal effect of fundamental rights. Finally, the article discusses the main objections to such a horizontal effect and shows some practical problems it has the potential to cause in German and European constitutional law.

The Impact of Public Law Norms on Private Law Relationships

Horizontal Effect in German, English, echr and eu Law

Justin Friedrich Krahé

Introduction To this day, the capacity of public law norms to affect the relationships between private individuals, commonly known as horizontal effect, remains an unclear and inconsistent field of law. No universally accepted theory has so far emerged, and consequently, academics and judges

Aurelia Colombi Ciacchi

The recent Egenberger judgment of the CJEU 1 can be seen as a milestone in the European debate on the horizontal effect of fundamental rights. This decision established, with beautiful clarity, two principles (among others): Firstly, the prohibition of discrimination laid down in

Baetens, Freya

Editor: Académie de droit international de La Haye. Brill | Nijhoff, Leiden | Boston, 2015. Chapter sections: Section 1. Introductionpp. 219-221Section 2. Horizontal effect or drittwirkungpp. 221-239Section 3. Evaluation of international rules addressing private discrimination against migrant workerspp

Raimund Süess, René Pahud de Mortanges

previous chapter According to Art. 35 Sec. 3 of the Federal Constitution, the authorities shall ensure that fundamental rights also apply to relationships among private persons. Thus, this provision establishes an indirect horizontal effect of fundamental rights and obligates the authorities to

Aurelia Colombi Ciacchi and Sjef van Erp

rights, fundamental rights, and fundamental market freedoms of the European Union, to private relationships. Krahé explores this subject – known as the ‘horizontal effect’ of human rights, fundamental rights and fundamental freedoms – comparing two national and two supranational legal systems: German and

Aurelia Colombi Ciacchi

analyses how and to what extent international human rights have had some kind of horizontal effect on non-State actors in the general comments and jurisprudence of five United Nations human rights treaty monitoring bodies. 1 It compares the different ways in which the five monitoring bodies deal with

Volume 5, No. 1 Editorial Human Rights, Comparative Law and Global Governance  1 Aurelia Colombi Ciacchi Articles The Horizontal Effect of International Human Rights Law in Practice: A Comparative Analysis of the General Comments and Jurisprudence of Selected United Nations Human Rights

développementpp. 195-217Janine Silga(In)direct Horizontal Effect or Drittwirkung of International Rules on Discrimination against Migrant Workerspp. 219-243Freya BaetensLe migrant confronté aux discriminations selon l’originepp. 245-267Francesca IppolitoRescuing Migrants at Sea : The Responsibility of States